IMPORTANT POINT
Scope of revision application to interfere with the judgment is severely limited

S.G. Shah, J.

1. Heard learned advocate Mr. Anand B. Gogia for the applicant, learned advocate Mr. N.L. Ramnani appearing for learned advocate Mr. G.T. Dayani for the respondents No. 1 to 3 and learned APP Mr. Manan Mehta for the respondent No. 4 being a formal party.

2. The applicant herein is husband, whereas respondent No. 1 is his wife and respondents No. 2 and 3 are their minor children. The applicant has challenged the judgment and order dated 19.03.2015 by the Family Court of Surat in Criminal Misc. Application No. 478 of 2010 preferred by respondents No. 1 to 3 u/s. 125 of the Code of Criminal Procedure ('Code', for short) seeking maintenance. By such impugned judgment, the Family Court has considering the income of the applicant as Rs. 1,25,000/- p.m., awarded an amount of Rs. 30,000/- towards maintenance of wife and Rs. 10,000/- each for two minor children, thereby awarding in total Rs. 50,000/- towards maintenance.

3. So far as the relation between the parties are concerned, it is undisputed fact and therefore, the only issue in the revision application is whether the amount of maintenance is proper or not, because the record categorically confirms that there is matrimonial dispute between the husband and wife and it is also clear that wife is not working woman and thereby, she is unable to maintain herself so also the minor children.

4. This being a revision application, the Court has to simply verify that whether there is any illegality or irregularity in the impugned judgment so as to interfere with or to modify it or not. Thereby, though this is first revision after the impugned judgment by the Family Court, re-appreciation of entire evidence would not be proper when issue is pertaining to maintenance of deserted wife and children only, if there is no arbitrariness or perverseness and thereby, if there is no irregularity or illegality in any manner whatsoever, there is no reason to interfere with or to modify the same. Moreover, the quantum of maintenance is purely based upon the earning of the husband and requirement of the wife and minor children, so also based upon the standard of living and status of the parties and thereby, there is no rule of thumb that maintenance cannot be beyond certain limit or restricted to some upper limit in any manner whatsoever, more particularly after the amendment of Section 125 of the Code w.e.f. 24.9.2001 since, now, the upper limit of amount of maintenance has been omitted from the statute. It is for obvious reasons that an amount of Rs. 500/- is in any case not only meagre, but it may result into mockery of the judicial proceedings, considering the fact that because of devaluation of money, so also inflation and the standard of living, Rs. 500/- per person is absolutely inadequate amount for survival of a living person in these days.

5. Therefore, now, when there is no upper limit of awarding maintenance even in proceedings u/s. 125 of the Code, though the word "maintenance" is not defined in the Code, it is settled legal position that the word "maintenance" includes every requirement of the wife and children viz. lodging, boarding, medicines, transportation, education of children and thereby, practically, now, the maintenance to be awarded u/s. 125 of the Code would be same, which may be awarded in any other similar proceedings under different statutes viz. The Protection of Women from Domestic Violence Act 2005, Hindu Adoption and Maintenance Act, 1956 or The Hindu Marriage Act, 1956 or any other provision of law, which entitles the wife and minor to get maintenance. Thereby, the only restriction in the proceedings of maintenance u/s. 125 of the Code, would be to the effect that, at the most, though such proceedings are to be carried out in summary manner, the amount of maintenance may be determined based upon actual earnings of the husband or atleast his earning capacity and may be based upon the properties or wealth held by the husband, but not creating any right in