The responsibility to maintain adult daughters until their marriage and the just and reasonable nature of the enhanced maintenance were the central legal principles established in the judgment.

JUDGMENT

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

3. In this criminal writ petition, challenge is to the order dtd. 27/04/2022 passed by the learned Additional Sessions Judge, Darwha, District Yavatmal in Criminal Revision Application No. 19 of 2021, whereby the learned Judge dismissed the revision application and confirmed the order passed by the learned Judicial Magistrate First Class, Darwha. Learned Judicial Magistrate First Class, Darwha vide order dtd. 01/10/2021 had partly allowed the application made by the respondents for enhancement of maintenance under Sec. 127 (3) of the Code of Criminal Procedure (For short 'Cr.P.C.) and thereby quantified the enhanced maintenance.

4. The facts can be summarized as follows: The respondent No.1 is the wife of the petitioner. The respondent Nos. 2 and 3 are the daughters and the respondent No.4 is the son of the petitioner. They had filed Misc. Criminal Application No. 133 of 2013 for maintenance from the petitioner under Sec. 125 of the Cr.P.C. The said application was allowed vide order dtd. 04/12/2015. The petitioner was ordered to pay maintenance of Rs.4, 000.00 per month to the respondent No.1 and Rs.2000.00 per month each to the respondent Nos. 2 to 4 from the date of the filing of the application i.e. 07/10/2013.

5. The respondents made the application on 25/09/2017 and prayed for enhancement of the maintenance amount, already awarded in their favour, as above. According to the respondents, after granting the maintenance vide order dtd. 04/12/2015 there were change in the circumstances. The salary of the petitioner was increased. There was considerable rise in the prices of the essential commodities and over all cost of living. According to the respondents, the amount of maintenance awarded vide order dated 04/12/20215 was not sufficient to satisfy their day to day basic needs. The respondent Nos. 2 and 3 are taking higher education. The amount of maintenance awarded in their favour is not sufficient to meet their educational expenses. The respondent No. 4 is also taking education. The respondent No.1 is suffering from various ailments. In order to meet her medical expenses the maintenance amount is not sufficient. Therefore, the respondent No.1 claimed enhancement in maintenance @ of Rs.8, 000.00 per month and the respondent Nos. 2 to 4 claimed the enhancement in the monthly maintenance @ of Rs.9, 000.00 each.

6. The petitioner opposed this application. He denied his monthly income. According to him, the maintenance awarded in favour of the respondents vide order dtd. 04/12/2015 was sufficient to satisfy their basic needs. The respondents are residing in a separate room in the house of the petitioner. They are not required to spent any amount for rent. It is his case that he is bearing the expenses for the education of the respondent Nos. 2 and 3. There is no change in the circumstances, as stated by the respondents. He has borrowed a loan of Rs.11, 81, 768.00 for construction of the house. The EMI of the loan is deducted from his salary. It is further stated that after filing the application, he retired on 31/12/2020. He is getting Rs.35, 334.00 per month as a pension. He, therefore, opposed the application for enhancement.

7. .Learned Magistrate on appreciation of evidence of the respondent No.1 accepted the case of the respondents for awarding the enhanced maintenance. Learned Magistrate granted enhancement in the maintenance of respondent No.1 @ of Rs.2500.00 per month and Rs.2000.00 per month for the respondent No.2, Rs.1000.00 per month for respondent No.3 and Rs.500.00 per month for respondent No.4 from the date of the application i.e. 25/09/2017.

8. The applicant preferred revision against this order before the Court of Additional Sessions Judge, Darwha. Learned Additional Sessions Judge vide order dtd. 27/04/2022 dismissed the revision and confirmed the order passed by the learned Judicial Magistrate F