CHAMPABEN LAVJI THAKKAR Vs. LAVJI HIRJI THAKKAR

JUDGEMENT

(1.) By this appeal filed by the appellant-wife, the legality of the order dated 7th May, 1991 passed by the learned Judge, Family Court, Bandra, is challenged.

(2.) The appellant-wife filed an application under section 127 of the Crimial P.C. being Application No. E. 284 of 1989 before the Family Court at Bandra. In the application she averred that she was constrained to file an application under Sec. 125 of the Crimial P.C. for maintenance from the respondent-husband. Initially, the learned Metropolitan, Magistrate, 17th Court, Mazagaon, Bombay, passed an order directing the respondent-husband to pay maintenance at the rate of Rs. 350.00 per month. In appeal preferred by the husband, the allowance was reduced to Rs. 200.00 per month. However, the appellant preferred revision application No. 58 of 1985 and in the revision application, the amount of maintenance was increased to Rs. 250.00 per month by order dated 18th June, 1986. The respondent being aggrieved preferred Writ Petition No. 715 of 1986 in this Court, but this Court passed an order that the amount of maintenance at Rs. 250.00 per month shall be effective from 19th Jan., 1984.

(3.) The appellant has further asserted that her father Tulsidas Virji Thakkar expired on 12th Sept., 1988 and she has been staying alone and she does not have any source of income. She is aged about 52 years and not keeping good health. She has also sustained fracture and had to incur substantial expenses for the treatment. The wife has complained that prices of all essential commodifies have gone substantially high and the amount of maintenance of Rs. 250.00 per month is inadequate. The appellant has asserted that the respondent-husband carries on business in chemicals in the name and style of Chetan Chemicals. He manufactures chemicals and derives substantial profit, and he pays income-tax also. The appellant therefore prayed that in the circumstances, the amount of maintenance be increased to Rs. 500.00 per month.