The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.

ORDER :

1. By way of present application under sections 397 and 401 the Code of Criminal Procedure, 1973, the applicants have prayed to modify the order dated 11.04.2019 passed by the learned Sessions Judge, Rajkot in Criminal Appeal No. 158 of 2015, whereby, the appeal preferred by the respondent wife was allowed and the order dated 01.08.2015 passed by the 14th Additional Chief Judicial Magistrate, Rajkot in Criminal Misc. Application No. 272 of 2014 granting monthly maintenance of Rs. 5,000/- to respondent no. 2 and Rs. 5,000/- to respondent no. 3 was modified to the extent that maintenance of Rs. 15,000/- per month was awarded to respondent no. 2 and maintenance of Rs. 10,000/- per month was awarded to respondent no. 3.

2. The brief facts of the case are that the applicant no. 1 herein and respondent no. 2 got married as per Hindu rites and rituals on 30.01.1989 at Rajkot. That, daughter named Nishma was born on 31.07.1991 and son named Vismay was born on 29.03.1994 out of their wedlock. That the applicant no. 1 is working as a civil engineer. Since, the marriage the applicant no. 1, his wife, his mother and their children are residing at petitioner’s residence at Nadiad. Moreover, the respondent no. 2 herein always had an aggressive behavior towards the present petitioner and his mother since the day they got married. It is the case of the applicants that respondent no. 2 started behaving very abnormally with the petitioner and her mother in law. She started quarreling with the petitioner over baseless and irrelevant issues as she was not able to maintain her mother in law, who was aged and need some care and attention. That constantly, for 9-10 years the respondent no. 2 continued to pressurize the petitioner that she cannot take care of his mother and therefore asked him either move in separate residence or keep his mother at an old age home. That the petitioner was becoming frustrated of his wife’s careless attitude towards her mother in law, however, as their marriage had been in subsistence for over 2 decades he tried to convince the respondent no. 2 herein that he cannot leave his mother and being an ideal daughter in law the respondent no. 2 is required to take care of her mother-in-law. Thereafter, respondent-wife filed Criminal Misc. Application No. 272 of 2014 before the learned 14th Additional Chief Judicial Magistrate, Rajkot. The learned Trial Court after appreciating the documents on record, vide order dated 01.08.2015 passed an order awarding interim maintenance of Rs. 5,000/- each to respondent nos. 2 and 3. Thereafter, the said order was carried in Criminal Appeal No. 128 of 2015 by respondent nos. 2 and 3 before the learned District and Sessions Court, Rajkot, wherein the learned Sessions Judge, Rajkot vide order dated 11.04.2019 partly allowed the Criminal Appeal and directed to pay maintenance of Rs. 15,000/- per month to the respondent no. 2 and maintenance of Rs. 10,000/- per month to the respondent no. 3 and also awarded Rs. 15,000/- per month towards house rent and Rs. 2,00,000/- as interim compensation to respondent no. 2. Hence, the present Criminal Revision is preferred by the applicants for quashing and setting aside the impugned order passed by the learned Appellate Court.

3. Heard learned advocates for the respective parties as well as learned APP for the respondent-State.

4. Learned advocate Mr. Nisarg Trivedi for the applicants has submitted that the order passed by the learned Sessions Court, Rajkot is contrary to the facts, evidence and circumstances of the case. He further submitted that the learned Judge has erred in fact and in law in passing an order of such exorbitant amount for the maintenance of the respondent nos. 2 and 3. That applicant herein and his mother are suffering from medical ailments and health related problems. He further submitted that there is no one to look after himself or his old mother and and they are surviving only one source of income. He submitted that as per the