The court upheld that an increase in maintenance can be justified under Section 127 of the Cr.P.C. despite previous rejections of similar applications.

Digitally signed by ABHISHEK Hon'ble Mr. Ramesh Sinha, Chief Justice ABHISHEK SHRIVAS SHRIVAS Date:

2025.07.29

19:34:51 Order on Board +0530

29.07.2025

1. Heard Mr. Rohitashva Singh, counsel, appearing for the applicant.

2. The present revision has been filed by the applicant with the following prayer:

“It is therefore, prayed that this Hon’ble Court may kindly be pleased to set-aside impugned order dated 15.12.2023 passed by the learned Judge Family Court Manendragarh District Koriya in Miscellaneous Criminal Case No. 162/2021, in the interest of justice.”

3. Brief facts of the case are that the respondent preferred an application under Section 127 of Cr.P.C. before the learned Judge, Family Court, Manendragarh, District Koriya (C.G.), seeking enhancement of the maintenance amount from Rs. 2,500/- to Rs. 15,000/- per month, to be paid by the applicant. As per the pleadings made by the respondent, an earlier order dated 07.06.2019 was passed under Section 127 of Cr.P.C., whereby maintenance of Rs. 2,500/- per month was awarded, which was claimed to be on the lower side and meager. The respondent, therefore, sought an enhancement to Rs. 10,000/- per month. Prior to this, on 08.11.2016, learned Family Court had granted maintenance of Rs. 2,000/- per month to the respondent. The respondent further pleaded that she is studying in Class 11th at Odia Higher Secondary School, Godaripara, Chirmiri, and her educational expenses exceed Rs. 7,000/- per month. The earlier granted maintenance amount was insufÏcient. It was further stated that the applicant is working as a constable and earning Rs. 62,000/- per month. Hence, the respondent prayed for enhancement of maintenance to Rs. 15,000/- per month from the existing Rs. 2,500/-.

4. The applicant filed his written statement and pleaded that the respondent is demanding an excessive maintenance amount. He stated that the respondent had not submitted any receipts for educational expenses and that the Government provides free education to all OBC, SC, and ST girl students. He further contended that his actual salary is Rs. 32,000/- per month, from which Rs. 17,000/- is deducted monthly. Additionally, his son is undergoing medical treatment, and both his wife and son are dependent on him. Therefore, he prayed for dismissal of the respondent’s application.

5. After hearing submissions from both parties, the learned Family Court, by order dated 15.12.2023, awarded a maintenance amount of Rs. 5,000/-

per month to the respondent.

6. Learned counsel for the applicant submits that the impugned order, the learned Family Court awarded maintenance of Rs. 5,000/- per month to the respondent without there being any substantive material evidence on record. Learned Family Court erred in computing the maintenance amount, especially when the respondent is an illegitimate child and her mother possesses agricultural land and other sources of income. He further submits that learned Family Court failed to appreciate that the respondent and her mother had previously filed an application under Section 125 Cr.P.C., which was dismissed on the ground of non- establishment of the relationship between the applicant and respondent as husband-wife and father-daughter. The revision against the said dismissal was also rejected by the Hon’ble High Court, though liberty was granted to file a civil suit seeking declaration of legal status as wife and daughter. Despite this, the learned Family Court has treated Ku. Priya as the illegitimate child of the applicant. He further submits that learned Family Court failed to consider that the respondent had earlier approached the Family Court under Section 125 Cr.P.C., where by order dated 08.11.2016, Rs. 2,000/- per month was awarded. Subsequently, on 07.06.2019, under Section 127 Cr.P.C., the amount was enhanced to Rs.