A court may enhance the maintenance amount if there's proven change in circumstances, and previous settlements must be substantiated with evidence.

ORDER :

1. The petitioner in this revision petition is challenging the order dated 13^th February, 2025 passed in Criminal Miscellaneous No.83 of 2022 by the Principal Judge, Family Court, Bagalkot (for short “the Family Court”).

2. For the sake of convenience, the parties in this revision petition are referred to as per their rank before the Family Court.

3. The brief facts leading to this revision `petition are that, the petitioner-Seetavva filed petition under Section 127 of Code of Criminal Procedure seeking enhancement of maintenance. It is stated in the petition that the petitioner has filed Criminal Miscellaneous No.45 of 1996 seeking maintenance for herself and her daughter-Sridevi and vide order dated 09^th October, 1997, Rs.300/- was awarded as maintenance. The respondent has not properly paid the maintenance; she has raised loan and got married her daughter; now she is suffering from health issues and the maintenance amount of Rs.300/- is very meager and her expenses have increased and the price of household articles have also become multifold. It is stated that the respondent-husband retired as First Division Assistant from the office of Executive Officer, Krishna Bhagya Jala Nigam Limited and had received Rs.15,00,000/- as retirement benefits, receiving pension of Rs.40,000/- per month and also has four acres of land. On all these grounds it was sought for awarding the monthly maintenance at Rs.20,000/- per month.

4. The respondent appeared and filed objections, however admitted the marriage and birth of daughter and also filing of Criminal Miscellaneous No.46 of 1986 and the order passed in the said Miscellaneous petition. It is further contended that in the month of December 1997, in the presence of elders of Bavikatte village, the respondent has paid an amount of Rs.80,000/- towards permanent alimony to the petitioner and she has relinquished her rights after receiving the amount of Rs.80,000/- and is residing in Bavikatte village and she has put up a Tea shop and earning Rs.25,000/- per month. The petitioner is the daughter of his maternal uncle. She has not even turned for the cremation of his parents. The respondent is a heart patient and also a diabetic and is spending huge amount for treatment; he is staying at Athani in a rented accommodation by paying monthly rent of Rs.4,000/-. Since 1990 till this date, the petitioner has not come to respondent’s place to lead marital life. Since 1990, after paying the permanent alimony of Rs.80,000/-, she has not filed any recovery petition and now, a false petition is filed. It is further contended that major children are also to be made as respondents and it is also contended that the petitioner is residing with him for more than 27 years and hence it is the case of desertion. On all these grounds, it was sought to dismiss the petition.

5. To substantiate her case, petitioner got examined herself as PW1 and got marked three documents as Exhibits P1 to P3. On the other hand, respondent got examined himself as RW1 and no documents are marked. Having heard the arguments on both sides, the Family Court has enhanced the maintenance to Rs.9,700/- per month, in addition to Rs.300/- as awarded in Criminal Miscellaneous No.46 of 1996, in total to Rs.10,000/- per month. Being aggrieved by the impugned order, husband has preferred this revision petition.

6. I have examined the materials placed before me. Smt. Sitavva had filed petition under Section 127 of Code of Criminal Procedure for enhancement of maintenance. Respondent had appeared through his Advocate and filed his objections. After recording the evidence on both sides, the Family Court has awarded the maintenance amount by Rs.9,700/- p