Unmarried major daughters are entitled to maintenance under specific laws, even after attaining the age of majority.

1. RULE. Rule is made returnable forthwith. Heard finally by the consent of learned advocates for the parties.

2. In this revision application, challenge is to the judgment and order dated 07.12.2017 passed by learned Judge, Family Court no.2, Nagpur, whereby learned Judge partly allowed the application made under section 127 of the Code of Criminal Procedure by the non- applicants and enhanced the maintenance from Rs.2,000/- per month each to Rs.7,000/- per month each, payable from the date of the order.

3. The facts are as follows :

Non-applicant no.1 was wife of the applicant. Their marriage had taken place at Nagpur on 24.01.1990. In the wedlock, they have three children i.e. two daughters and one son. Non-applicant no.2 is the younger daughter of the applicant and non-applicant no.1. She has been residing with non-applicant no.1. It is stated that on account of dispute between the applicant and non-applicant no.1, the applicant divorced non-applicant no.1. Non-applicant no.1 has been residing with her mother.

4. In the year 2008, the non-applicants had filed a petition bearing No. E-109/2008 in the Family Court at Nagpur for grant of maintenance. In the said petition, mother of non-applicant no.1 and grandmother of non-applicant no.2 was appointed as a guardian for both the non-applicants. Non-applicant no.1 at that time was suffering from mental illness. Non-applicant no.2 was minor. The applicant appeared in the said petition. The dispute was referred for mediation. It was settled on 23.08.2012 and the parties filed the consent terms. As per the consent terms, the applicant had agreed to pay maintenance @ Rs.2,000/- per month each to the non-applicants. The applicant had also agreed to pay Rs.1,40,000/- (Rs. One Lakh Forty thousand only) towards arrears of maintenance. The consent decree was passed. After this order, the non-applicants filed the application in question under Section 127 of the Cr.P.C . for enhancement of the maintenance. According to them, at the time of settlement in the petition filed under Section 125 of Cr.P.C ., the applicant had suppressed material facts and particularly, his income. He was working as an Assistant Professor in Kumbhalkar Social Work Evening College, Ganeshpeth, Nagpur. His monthly salary at that time was Rs.56,733/-. He has concealed his salary from the non-applicants. The applicant has performed second marriage. His second wife is doing service. It is the case of the non- applicants that they have no source of income. They are unable to maintain themselves. At that time, non-applicant no.2 had passed 10th standard. She had taken admission in a polytechnic college at Nagpur.

They needed money for their day to day maintenance as well as for education of non-applicant no.2. Non-applicant no.1 is suffering from mental illness. She is regularly taking treatment for the said illness. The amount of maintenance @ Rs.2,000/- per month, according to them, was not sufficient for their maintenance and to meet the educational expenses of non-applicant no.2. The non-applicants, therefore, prayed for enhancement of the maintenance.

5. The applicant filed his written statement and opposed the claim. In sum and substance, he has denied the material facts. He has stated that Sushilabai Lanjewar had no authority to sign the petition. She was not guardian of the non-applicants. He has denied his income as well as source of income of his second wife. According to him, at the time of the settlement in the petition under Section 125 of Cr.P.C ., he had not suppressed any fact. It is contended that non-applicant no.2 at the relevant time was getting scholarship for h