KAKHASHAN KHAN Vs. GAYASUDDIN KHAN

JUDGEMENT

(1.) The present common judgment arises out of two revision petitions i.e., RPFAM No.260 of 2017 preferred by the divorced Muslim woman (hereinafter referred as the Petitioner), and RPFAM No.293 of 2017 preferred by the ex-husband (hereinafter referred as the Opposite-Party), both challenging the order dtd. 7/10/2017 passed by the learned Judge, Family Court, Bhubaneswar, in Criminal Proceeding No.121 of 2016.

(2.) Vide the said order dtd. 7/10/2017, the amount of maintenance was enhanced by the learned Court below from Rs..003000.00 to Rs..008,100.00 in an application filed by the Petitioner U/s 127 of CrPC. While the Petitioner seeks enhancement of the maintenance awarded to her as being inadequate and disproportionate to the Opposite Party's income, the Opposite Party assails the said order as excessive, unsustainable and without jurisdiction.

(3.) The undisputed facts, as borne out of the records, are that the marriage between the Opposite Party, who is the Petitioner in RPFAM No.293 of 2017, and the Petitioner, who is the Opposite Party in RPFAM No.293 of 2017, was solemnized on 11/4/1993 according to Muslim rites and customs. After about six months of the marriage, the Petitioner joined the Opposite Party at his place of posting at Jajpur Road, where they resided together as husband and wife. Out of their wedlock, a son namely, Asad Khan was born on 29/9/1995. In the year 1999, the Opposite Party was transferred to Bhubaneswar, where the couple continued to live together with their son.