Court can enhance maintenance based on changed financial circumstances and increased cost of living, considering the petitioners' needs and respondents' income.

ORDER :

1. This revision petition is filed by the petitioners praying to set aside the order dated 26.06.2024 passed by the Addl. Prl. Judge, Family Court, Kalaburagi in Crl.Misc.No.102/2022 and for enhancement of maintenance.

2. Heard learned counsel for petitioners and learned counsel for respondent.

3. Petitioner No.1 is wife (divorced), petitioner No.2 is son and petitioner No.3 is daughter of respondent. Petitioners earlier had filed Crl.Misc.No.35/2008 seeking maintenance. The Family Court ordered maintenance of Rs.4,000/- per month to petitioner No.1-wife; Rs.2,000/- each to petitioner Nos.2 and 3 by order dated 02.03.2010. Thereafter, the petitioners had filed Crl.Misc.No.97/2016 for enhancement of maintenance and it came to be allowed by order dated 28.11.2017 and maintenance has been enhanced from Rs.4,000/- to Rs.7,500/- per month to petitioner No.1-wife; maintenance of petitioner No.3- daughter has been enhanced from Rs.2,000/- to Rs.4,000/- per month; and the maintenance granted to petitioner No.2-son was cancelled as he has attained age of majority.

4. Thereafter, petitioners had filed RPFC No.200008/2018 before this Court. This Court by order dated 11.09.2019 has allowed the revision petition filed by the petitioners directing the respondent to pay Rs.7,500/- per month to petitioner No.1-wife from the date of petition till her remarriage or death whichever is earlier, Rs.3,000/- per month to son-Karan from the date of petition till he gets resources; Rs.3,000/- per month to petitioner No.3-daughter from the date of petition till she gets married and the revision petition filed by the respondent in RPFC No.200033/2018 came to be dismissed.

5. The petitioners thereafter filed Crl.Misc.No.102/2022 under Section 127 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) seeking enhancement of maintenance on the ground that cost of living and expenses are increased so also the income of the respondent. The respondent contested the said petition. Petitioner No.1 examined herself as PW.1 and got marked Exs.P1 to P5. The respondent examined himself as RW.1 and got marked Exs.R1 to R8. The Family Court dismissed the said petition filed by the petitioners under Section 127 of Cr.P.C . by the impugned order.

6. Learned counsel for the petitioners would contend that, the respondent is getting salary of Rs.1,23,157/- as per his pay slip at Ex.R7. He is having two flats in Mumbai as admitted by respondent in his cross-examination and he has let out them. He is having agricultural land standing in his name purchased under the sale deed at Ex.P2 and his mother is having agricultural land measuring 4 acres 1 gunta as per RTC at Ex.P1. The Family Court without considering these aspects has erred in considering the admissions given by PW.1 that the respondent has given some gold to his daughter, provided bike to his son and given some cash to them and dismissed the petition seeking enhancement of maintenance. She further contends that, the petitioners are residing in a rented house and the maintenance awarded earlier is not sufficient for maintaining themselves as there is increase in cost of living due to passage of time. With these pleadings, she prayed to allow the petition and enhance the maintenance.

7. Per contra, learned counsel for respondent would contend that respondent is blind person and he has to depend on others for traveling, personal care, etc., and he has to look after his old aged mother. He further submits that, the respondent is getting take home salary at Rs.60