ABDUL GAFOOR Vs. SHEERA BANU

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the order in M.C No.46/2014 of the Family Court, Kasaragod, ordering the revision petitioner to pay monthly maintenance allowance @ Rs.4,000.00 to the first respondent and Rs.3,000.00 to the second respondent. The revision petitioner was the respondent and the respondents were the petitioners before the Family Court.

(2.) The respondents had filed the application under Sec.127(1) of the Code of Criminal Procedure (in short, 'Code'), seeking alteration of maintenance allowance ordered in MC No.174/2008, by way of enhancement. It was their case that the revision petitioner was married to the first respondent on 10/2/1986. The second respondent was born in their wedlock. As the revision petitioner refused to main the respondents, they had filed M.C 174/2008 before the Family Court, for an order of maintenance. The application was allowed and the revision petitioner was directed to pay a monthly maintenance allowance of Rs.2,500.00 to the first respondent and Rs.1,500.00 to the second respondent. However, due to the change of circumstances, the respondents are unable to maintain themselves with Rs.4,000.00. The revision petitioner is working as a Seaman and is earning Rs.1,00,000.00per month. He is also getting an agricultural income of Rs.2,00,000.00 per annum. Therefore, the respondents are entitled to enhancement of maintenance @ Rs.10,000.00 and Rs.6,000.00, respectively. Hence, the application.

(3.) The revision petitioner resisted the application by filing a written objection. He contended that he has already paid a reasonable amount as maintenance under the Muslim Women (Protection of Rights) on Divorce Act, 1986 and is continuing to pay the maintenance as ordered by the Family Court. Hence, there is no change of circumstances. The revision petitioner does not have any job or income and he is unable to maintain the respondents even at the present rate. Hence, the application may be dismissed.