PRAKASH Vs. VITHABAI

JUDGEMENT

(1.) The petitioner/husband has impugned the common orders under Sec. 397 and 401 of the Code of Criminal Procedure, passed by the learned Judge Family Court, Aurangabad, in Miscellaneous Criminal Applications Nos. 47/2021 and 01/2021 dtd. 14/1/2022.

(2.) The brief facts of the case are that the Family Court, Aurangabad, had granted the maintenance of Rs.1,500.00 per month to respondent no.1 and Rs.2,000.00 per month to respondent no.2 by its order passed in case no.E-285/2012 dtd. 3/3/2017. The petitioner revealed that respondent no.1 had made a false statement before the Court that she did not work and had no source of income at the time of the petition. On the contrary, she was working and getting a monthly salary of Rs.12,000.00 to 15,000/-. He also alleged that respondent no.1 was working by changing her name to Shalini. She has obtained the maintenance orders suppressing the facts and playing fraud with the Court; hence, the order dtd. 3/3/2017 may kindly be cancelled.

(3.) The respondents denied the allegations of playing fraud and having the income to respondent no.1. The respondents have filed an application under sec. 127 of the Code of Criminal Procedure for the enhancement of maintenance. They have a case that the earlier maintenance was granted three years and ten months before. Due to inflation, the prices of daily needs have risen. The education expenses of respondent no.2 have also been increased. Her expenses have also been increased. The petitioner/husband is an Engineer. He runs two photo studios and has income from rent. He has agricultural land also. He has an income of Rs.20,000.00 to 25,000/- per month from studios, Rs.16,000.00 per month from rent and Rs. One lac p.a from agriculture. He can pay them monthly maintenance of Rs.20,000.00 per month.