SATENDER Vs. SUNIL

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner against the order dtd. 14/7/2016 passed by the Court of learned District Judge, Family Court, Bhiwani in Maintenance Petition No.MNT-46 of 2015 titled as Smt. Sunil and another v. Satender as filed under Sec. 127 of Code of Criminal Procedure whereby, he was directed to pay enhanced amount of maintenance.

(2.) As culled out from the record, the respondents had filed a petition under Sec. 125 of Cr.P.C. bearing No.308 of 2012 titled as Sunil and another v. Satender, seeking maintenance, from the present petitioner being his wife and daughter respectively. The said petition had been disposed of on 5/4/2013 in view of a statement given by the petitioner that he was ready to pay an amount of Rs.5000.00 per month to each of the respondents. Subsequently, the respondents filed the aforementioned petition under Sec. 127 of Cr.P.C. seeking enhancement in the amount of maintenance of Rs.5000.00 per month as per order dtd. 5/4/2013. The learned Family Court after considering the rival claims of the parties and appraising the evidence produced by them, partly allowed this petition vide the impugned order dtd. 14/7/2016 and directed the petitioner to pay amount of Rs.15,000.00 per month to respondent No.1 and Rs.10,000.00 per month to respondent No.2.

(3.) Learned counsel for the petitioner has vehemently argued that once the order dtd. 5/4/2013 had been passed by the concerned Court for payment of amount of Rs.5000.00 per month as maintenance to both the respondents, then within a period of three years, no such new circumstance had arisen which warranted seeking enhancement in the amount of maintenance by the respondents. He argued that the learned Family Court erred in holding that there was increase in the price index without considering that no material had been brought on record by the respondents to prove so. With these broad submissions, learned counsel for the petitioner has argued that the impugned order dtd. 14/7/2016 be set aside, the petition filed by the petitioner be accepted and the petition of the respondents be dismissed.