VITHALBHAI PREMJIBHAI SARVAIYA Vs. PRABHABEN BAVABHAI

JUDGEMENT

(1.) RULE . Mr.A.S.Asthavadi, learned advocate waives service of Rule for respondent No.1.

(2.) HEARD learned advocates for the parties on merit at length.

(3.) THE petitioner herein is a husband who has challenged the judgment and order dated 26.06.2012 passed by the Family Court, Junagadh in Criminal Misc. Application No.14 of 2011. By such impugned judgment and order, the Family Court, under Section - 127 of the Code of Criminal Procedure, has enhanced the amount of maintenance in favour of the respondent -wife from Rs.250/ - to Rs.1000/ -. The petitioner is paying maintenance since the year 1983 and initially, it was Rs.100/ - for the respondent -wife as per the compromise between the parties to pay such amount, which was enhanced to Rs.250/ - in the year 1992. After 1992, the respondent has never prayed for enhancement of amount of maintenance till 2011. Therefore, though respondent is getting maintenance since the year 1983, practically for last 30 years, she has prayed for enhancement of maintenance only twice. Therefore, one thing is certain and clear that intention of the respondent -wife is not to harass the petitioner in any manner, but she certainly needs enhancement of amount of compensation after gap of 18 years. Whereas, so far as quantum of amount of maintenance is concerned, it was increased by 2 -3 times after 1st decade and the same was increased by 4 times after another decade and therefore, it seems that the petitioner -husband is unhappy and has challenged such order of enhancement in the present Revision Application.