VALLABHBHAI TAPUBHAI RAKHOLIYA Vs. SURESHBHAI VALLABHBHAI RAKHOLIYA

JUDGEMENT

(1.) The applicant has challenged the judgment and order dated 4.4.2014 passed by the Family Court, Junagadh in CR.M.A. -JMFC No.764 of 2012, whereby the applicant is granted Rs. 2000/ - per month as maintenance allowance from the date of the application. The applicant is not happy with the quantum of the maintenance allowance granted by the Court below and, therefore, he has preferred this Revision Application for upward revision of maintenance.

(2.) The brief facts giving rise to this Revision Application are that the applicant who is aged 60 years having impaired vision happens to be the father of respondent no.1. The applicant had taken divorce from his wife and thereafter, respondent no.1 son was residing with the divorced wife of the applicant. Thereafter, the respondent no.1 with his wife came to the village where the applicant was residing and they started living with the applicant. Initially, the relations between the applicant and his son and daughter -in -law were normal, but soon thereafter, according to the applicant, the respondent no.1 son and daughter -in -law started ill -treating him and have snatched away agricultural land. Because of strained relations, the applicant moved to Junagadh and filed an application under Section 125 of the Code of Criminal Procedure for maintenance. The Court below by the impugned order has awarded Rs. 2000/ - per month to the applicant, but he feels that this allowance is not enough considering the income of the respondent no.1 from the agricultural activities and therefore, he has preferred this Revision Application.

(3.) I have heard Ms. Tejal K.Shah, learned advocate for the applicant, learned advocate Mr. Kirit Chaudhary for respondent no.1 and Learned Additional Public Prosecutor Ms. Monali Bhatt for respondent no.2 State,