The court determined that maintenance must reflect current living standards and factual scenarios, affirming that financial obligations adjust with changing circumstances.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. A.M. Ahmed, learned counsel for the petitioner and also heard Mr. S.K. Poddar, learned counsel for the respondent.

2. This Revision is directed against the order dated 27.08.2025, passed by the Principal Judge, Family Court, Barpeta in F.C.(Crl) Misc Case No. 571/2022 under Section 127 Cr.P.C whereby the maintenance amounts granted to the respondent wife and her child was enhanced to Rs. 12,000/- each.

3. The facts in a short compass required for disposal of this instant petition are as follows:-

The 1st party Mamani Khatun (respondent herein) filed a case vide MR Case No.35/2015 under section 125 Cr.P.C. against her husband/ 2nd party Safikul Islam (petitioner herein) seeking monthly maintenance for herself and her minor daughter Farhana Begum. Accordingly, the Court after hearing both the parties passed the order dated 01.09.2018 directing the 2nd party to pay monthly maintenance @ Rs.4,000/- in favour of the 1st party and Rs.3,000/- for her minor daughter. Accordingly, the 2nd party has been paying monthly maintenance.

Now the minor daughter is studying in Class-Ill at Kalgachia Royal Global Private School. In view of hike of prices of uniform, books, copies, school fees and tuition etc.Rs.3,000/- is not at all sufficient to meet her educational expenses. Moreover, due to soaring prices of essential articles of day to day life, it has become difficult on her part to maintain her minor daughter with meagre amount of Rs.3,000/-

The further case of the 1st party is that she has been suffering from various ailments and while taking treatment at Apollo Hospital, Chennai. The Doctor advised her to undergo surgical operation which costs Rs.9,00,000/- as she was unable to procure the amount to meet the surgical operation, she had to return from Chennai without further treatment. As a result she is loosing her eye sight. In view of sharp increase of essential articles including medicines etc. Rs.4,000/- is not at all sufficient for her subsistenance.

The 2nd party is a Constable of 8th ATFBN and his monthly salary more than Rs.45,000/-. Moreover, his property has also increased twice what he had before. He earns around Rs.1,50,000/- per month. In view of the above, the 1st party had prayed for enhanced maintenance @ Rs.15,000/- each for her and her minor daughter.

The 2nd party submitted his written objection denying the contentions raised by the 1st party.

The case of the 2nd party revealed from his written statement was as follows:-

He is drawing around Rs. 41,000/- salary per month. However, he has to pay EMI for his car loan, personal loan, and for depositing LICI Premium. He has to spent Rs.36,961/- per month including payment of Rs.7,000/- as maintenance to the 1st party and her minor daughter. He is living in a joint family consisting of his old parents and younger brother. He does not have any source of income except monthly salary from the Government of Assam. It is stated that the 1st party has filed this case in order to harass him mentally and economically. So he has prayed for dismissing the petition filed by the 1st party.

During the course of hearing both the parties adduced evidence in support of their respective contention.

The learned Trial Court from discussion of the evidence and to the following findings admitted position of the case is that the Court passed the order dated 01.09.2018 in MR Case No.35/2015 under section 125 Cr.P.C. awarding monthly maintenance of Rs.4,000/- in favour of the 1st party and Rs.3,000/- in favour of her minor daughter. Accordingly, the 2nd party has been paying maintenance. Almost seven years have pass