ABRAHAM Vs. LISSY

JUDGEMENT

(1.) ON a claim made by the respondent herein under Section 125 Cr.P.C. as M.C. 38/2003, the Family Court, Thrissur directed the revision petitioner to pay maintenance to his wife at the rate of Rs. 750/ - per month. The said order was passed by the Family Court on 10.10.2007. After three years the respondent brought a claim under Section 127 Cr.P.C. as M.C. 519/2010 for enhancement in maintenance.

(2.) THE revision petitioner entered appearance in the Family Court and resisted the claim for enhancement on the contention that there has not been considerable change in the circumstance of his wife and that there has not been considerable increase his income for the last three years. He also contented that he is not in a position to do any work due to some injuries sustained in a motor accident.

(3.) ON hearing both sides and on a perusal of the case records I find that enhancement of Rs. 7,50/ - per month awarded on a claim made in 2007, to Rs. 2,500/ - per month in 2010 will be quite reasonable in the changed circumstances. It cannot be disputed that the circumstances of both the parties have undergone material change over the years from 2007 to 2010. But instead of making enhancement from Rs. 750/ - to Rs. 2,500/ -, the trial court used the term "additional maintenance", and practically what happened is that the maintenance is enhanced to Rs. 3,250/ - per month. The learned Counsel for the revision petitioner submits that appropriate modifications in the impugned order will satisfy the revision petitioner. Of course, the other side is not fully amenable because the respondent is very much on her claim for Rs. 3,250/ - per month in view of the term 'additional maintenance' used by the trial court in the impugned judgment. On hearing both sides I find that Rs. 2,500/ - per month will be the proper and adequate amount as enhanced maintenance.