ANITABEN KIRITKUMAR TRIVEDI Vs. KIRITKUMAR KANTILAL TRIVEDI

JUDGEMENT

(1.) The Revisionist applicant has filed the present application under Section 397 read with Section 401 of Cr. P.C., challenging the order dated 20.8.2016 passed by the Principal Judge, Family Court, Surat in Criminal Misc. Application No.811 of 2015. The Criminal Misc. Application No.811 of 2015 was filed by the present applicant before the Family Court under Section 127 of Cr. P.C., seeking enhancement of the amount of maintenance granted by the Family Court vide the order dated 11.2.2010 passed in Criminal Misc. Application No.820 of 2008 and had sought enhancement in the amount of maintenance to the tune of Rs.40,000/- per month from Rs.5,000/- per month.

(2.) The respondent original opponent had resisted the said application by filing reply at Exh.11 denying the averments made in the application. The Family Court, after considering the documents on record, partly allowed the said application by enhancing the amount of maintenance from 5,000/- per month to Rs.15,000/- per month vide the impugned order dated 20.8.2016, against which the present Revision Application has been filed.

(3.) The learned Advocate Mr.Rana for the applicant vehemently submitted that though the applicant had proved that the income of the respondent to be as Rs.90,000/- in May 2016 and though the Family Court had believed that the respondent had no other liability, the Family Court had committed an error apparent on the face of record in awarding a meagre amount of Rs.15,000/- per month, overlooking the expenses of the applicant, who was staying in Mumbai.