(1.) Even after service of notice, the respondents are not appearing since last three dates, therefore, the matter is heard finally.
(2.) The grievance of the petitioner is that earlier in the year 2012 he was directed to pay Rs.3,000/- per month maintenance to the respondents, who are his wife and minor daughter and son and he was diligently complying with the order but suddenly wife preferred an application under Section 127 Cr.P.C. for modification of the maintenance amount and without granting him proper opportunity of hearing, the Trial Court has enhanced the maintenance more than three times within five years without assigning any good and sufficient reason.
(3.) It is submitted by the learned Counsel that petitioner is a labourer and works at Scrap shop and hardly earns Rs.10,000/- per month and he has to maintain her wife with whom he entered into marriage after the respondent No.1 deserted him. The Family Court has considered that the respondent No.1 has started residing in a rented accommodation due to marriages of her brothers but in her application before the Family Court itself in para 2 she has stated that she is still residing with her father. The respondent No.1 herself works in a factory and earns a lot. The amount is excessive and beyond his capacity to pay, therefore, it be reduced to a reasonable amount.