KODAVAYAL KUNI NARAYANAN Vs. LATHIKA

JUDGEMENT

(1.) A maintenance order obtained by the wife and the minor son under Section 125 Cr. P.C., and further modified and enhanced under Section 127 Cr. P.C. is under challenge in these two revisions brought by the husband. The respondents in the two revisions are the same. The revision petitioner married the first respondent in November 1997, and a son born in the wedlock has now became major. The wife has been residing separately since May 2004. Her grievance is that she was driven out from the matrimonial home by her husband. When he failed to maintain her and the child, and thus abandoned them she brought claim under Section 125 Cr. P.C. for maintenance as MC 9/2007 before the Family Court Kozhikode. The husband entered appearance, and resisted the claim vigorously on the contention that the wife has no reason to live separately and that she has her own income as a qualified teacher.

(2.) The trial court conducted enquiry in the proceeding and recorded evidence. The maintenance claim was tried along with OP 147/2006 brought by the husband for divorce. During trial the husband examined himself as PW1, and the wife examined herself as RW1. Ext. B1 document was also marked on the side of the wife. On an appreciation of the evidence the trial court found that the wife had in fact been subjected to mental and physical harassment, and that her refusal to join the husband in matrimony is justifiable. The trial court also found that the wife does not have any job or income, but the husband has sufficient income to maintain his wife and child. Accordingly, the trial court passed orders in M.C. 9/2007 on 21.4.2008 granting maintenance to the wife at the rate of 1,000/- per month, and to the minor son at the rate of 750/- per month. Aggrieved by the said order the husband brought R.P.F.C. 120/2012.

(3.) After the disposal of M.C. 9/2007, the wife brought another proceeding against the husband before the Judicial First Class Magistrate Court-II, Perambra under the provisions of the Protection of Women from Domestic Violence Act (PWDV Act). In the said proceeding she obtained many orders including a maintenance order for 1,500/- per month. After obtaining such an order, and without disclosing such an order, the wife brought proceeding under Section 127 Cr. P.C. in the Family Court for enhancement in the amount of maintenance. The said application was received as C.MP 142/2013. In the said proceeding also the husband entered appearance, and made contest on the ground that the wife has her own income, that there has not been change in her circumstances, and that the child does not require huge amount as claimed by him. On trial in the said proceeding, the Family Court found that the amount of maintenance awarded in 2007 requires reasonable enhancement on change in circumstances. Accordingly, the maintenance awarded to the wife was enhanced to 3,000/- per month, and the maintenance awarded to the child was enhanced to 4,000/- per month, by order dated 7.12.2013 in C.MP 142/2013. Aggrieved by the said order the husband has brought RPFC 268/14.