RASHMIKABEN VINODBHAI MALI Vs. VINOD GANPATBHAI MALI

JUDGEMENT

(1.) By way of present application, the applicants have prayed to modify judgment and order dtd. 5/11/2019 passed by the learned Family Court, Vadodara in Criminal Misc. Application No.665 of 2017 and further prayed to enhance the amount of maintenance.

(2.) The brief facts of the case are that the marriage of the applicant no.1 and respondent no.1 was solemnized at Vadodara on 8/5/2022 as per the Hindu rites and rituals. The applicant no.1 states that out of the said wedlock, applicant no.1 gave birth to a daughter named Divya on 20/7/2003. Initially the marriage life of applicant no.1 was going on smoothly, but after some time, the respondent no.1 started giving physical and mental tortured to the applicant no.1 and pursuant thereof, some litigation were also filed in the different courts. The applicants preferred Criminal Misc. application No.470 of 2007 was filed for maintenance and vide order dtd. 31/3/2008 the learned Trial Court, Vadodara granted maintenance of Rs.1,000.00 per month to the applicant no.1 and Rs.6,00.00 per month to applicant no.2. Thereafter, the applicants has filed Criminal Misc. Application No.313 of 2012 for enhancement of maintenance amount and vide order dtd. 10/12/2015, the amount of Rs.3,000.00 to the applicant no.1 and Rs.1,500.00 to applicant no.2 towards maintenance was granted. Thereafter, the applicants have preferred Criminal Misc. Application No.665/2017 for enhancement of maintenance amount and as per order dtd. 5/11/2019, the learned Family Court, Vadodara enhanced the maintenance amount to Rs.4,500.00 from Rs.3,000.00 to applicant no.1 and Rs.3,500.00 from Rs.1,500.00 to applicant no.2. Hence, the present application is preferred by the applicants for enhancement of maintenance amount granted by the learned Family Court, Vadodara.

(3.) Heard learned advocates for the respective parties as well as learned APP for the respondent - State.