JUDGMENT :

SAMIR J. DAVE, J.

1. By way of present application, the applicants have prayed to modify judgment and order dated 05.11.2019 passed by the learned Family Court, Vadodara in Criminal Misc. Application No. 665 of 2017 and further prayed to enhance the amount of maintenance.

2. The brief facts of the case are that the marriage of the applicant no. 1 and respondent no. 1 was solemnized at Vadodara on 08.05.2022 as per the Hindu rites and rituals. The applicant no. 1 states that out of the said wedlock, applicant no. 1 gave birth to a daughter named Divya on 20.07.2003. Initially the marriage life of applicant no. 1 was going on smoothly, but after some time, the respondent no. 1 started giving physical and mental tortured to the applicant no. 1 and pursuant thereof, some litigation were also filed in the different courts. The applicants preferred Criminal Misc. application No. 470 of 2007 was filed for maintenance and vide order dated 31.03.2008 the learned Trial Court, Vadodara granted maintenance of Rs.1,000/- per month to the applicant no. 1 and Rs.6,00/- per month to applicant no. 2. Thereafter, the applicants has filed Criminal Misc. Application No. 313 of 2012 for enhancement of maintenance amount and vide order dated 10.12.2015, the amount of Rs.3,000/- to the applicant no. 1 and Rs.1,500/- to applicant no. 2 towards maintenance was granted. Thereafter, the applicants have preferred Criminal Misc. Application No. 665/2017 for enhancement of maintenance amount and as per order dated 05.11.2019, the learned Family Court, Vadodara enhanced the maintenance amount to Rs.4,500/- from Rs.3,000/- to applicant no. 1 and Rs.3,500/- from Rs.1,500/- to applicant no. 2. Hence, the present application is preferred by the applicants for enhancement of maintenance amount granted by the learned Family Court, Vadodara.

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

4. Learned advocate Mr. Alkesh Shah for the applicants has submitted that the order passed by the learned Family Court, Vadodara is contrary to the facts, evidence and circumstances of the case. He further submitted that respondent no. 1 has not disclosed his salary in his reply or in his Chief Examination or in his cross-examination, however, his employer has produced salary slips, which narrates his monthly salary of Rs.32,499/-. Though considering the income of respondent no. 1, the learned Family Court did not grant the maintenance of Rs.16,000/- per month and granted maintenance of Rs.8,000/- qua both the applicants. He submitted that the learned JMFC Court passed order of house rent of Rs.5,000/- per month under the Domestic Violence Act. However, while passing the impugned order the learned Family Court has observed that the amount of house of rent of Rs.5,000/- will be deducted from total amount of maintenance granted by the learned Family Court, thus, the effective amount of maintenance as per the impugned order is Rs.3,000/-, which is lower than the earlier order of maintenance of Rs.4,500/-. Therefore, the such observation made by the learned Family Court is contrary to the law and equity and required to be removed. He therefore requested that the amount of maintenance be enhance to Rs.10,000/- for applicant no. 1 and Rs.6,000/- to applicant no. 2 except house rent of Rs.5,000/- granted under the Domestic Violence Act. It is further submitted that the amount, which has been granted by the learned Family Court to the applicants, as monthly maintenance, is not sufficient to fulfill the basic essential needs of the present applicants. It is further submitted that the rates of the every things are increasing day-by-day and there is a question of survival of the applicants and at present, applicant no. 2-daughter is aged studying in 11th standard and her education expenses are increasing day-by-day. It is further submitted that the respondent-husband is earning handsome income and he does not have any responsibili