PATEL KASHMIRA ATULKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision Application arises out of order dated 30.06.2014 passed by leaned Judge, Family Court No.2, Ahmedabad, in Criminal Misc. Application No. 2400 of 2010, whereby the Family Court increased the amount of maintenance from Rs.500/ - to Rs.2500/ - per month in favour of applicant No.1 -wife, and from Rs.300/ - to Rs.2000/ - per month in favour of applicant No.2 -minor son. The said order was passed pursuant to the application under Section 127 of the Code of Criminal Procedure, 1973, and the amount was awarded from the date of application, that is, 03.11.2010.

(2.) THE applicants herein are the original applicants, who are aggrieved by the said order. They have prayed for further enhancement in the amount of maintenance.

(3.) THE facts in the background concisely stated, are inter alia that original applicant -wife had filed Criminal Misc. Application No. 8063 of 2000 under Section 125, Cr.PC. In that proceedings, settlement was reached and order dated 24.08.2000 was passed by the Court approving maintenance for wife at Rs.500/ - per month and for minor son at Rs.300/ - per month. In the instant application under Section 125, Cr.PC, the applicant -wife submitted inter alia that the aforesaid order dated 24.08.2000 was passed on the basis of maintenance needs of the applicants as in the year 2000 and having regard to the income of the respondent -husband being earned at the relevant time; that with the passage of years, the expenses towards day -to -day needs and for upbringing of son had gone up. It was submitted that the income of the respondent had considerably increased. It was the case of the applicants that the respondent was owning 13 vigha agricultural lands at Village Ghuma and had been earning Rs.2 lakhs every year from the agricultural activity. It was averred that his income comprised also of the rent amount to the tune of Rs.1,50,000/ - received annually from the three bunglows owned. The applicants contended that the total monthly income of respondent was Rs.45000/ -. The applicants stated that they had been spending Rs.30000/ - towards educational fees of son and had to incur further expenditure towards medicines, cloths and other needs. It was prayed to award Rs.12000/ - per month and Rs.4700/ - per month respectively, totaling to Rs.16700/ - per month as maintenance.