ORAL JUDGMENT

1. Present petitioners, being aggrieved and dissatisfied with the judgment and order dated 28.09.2017 passed by learned Judge, Family Court, Godhra in Criminal Misc. Application No.487 of

2015, have preferred this revision application.

2. Short facts of the present case may be referred as under:

Petitioner No.1 was married with the respondent No.2 according to Muslim Shariyat at Godhra and out of their wedlock, petitioner No.1 gave birth to one child namely Zeba. Due to matrimonial dispute between them, petitioner No.1 had preferred an application for maintenance under Section 125 of the Criminal Procedure Code, 1973 before the learned Family Court, Godhra and prayed to pay maintenance of Rs.5,000/- per month for herself and Rs.4,000/- for minor daughter Zeba. After recording the evidence of the parties and salary slip of the respondent No.2 produced on record,, learned Family Court was pleased to direct the respondent No.2 to pay Rs.5,000/- per month towards the maintenance amount to the wife and Rs.1,000/- per month towards the maintenance amount to the minor daughter- Zeba vide order dated 28.02.2013. Thereafter, present petitioners preferred an application under Section 127 of the Code of Criminal Procedure, 1973 to enhance the amount of maintenance awarded by the learned Family Court, Godhra in Criminal Misc. Application No.63 of 2012. During the pendency of application for enhancement of maintenance, both the parties settled the issue of enhancement of maintenance amount. Learned Family Court, Godhra vide judgment and order dated 05.09.2014 enhance maintenance sum of Rs.5,500/- per month for the petitioner No.1- wife from Rs.5,000/- and sum of Rs.1,700/- per month to minor daughter- Zeba from Rs.1,000/-. After gap of 11 months, present petitioners preferred another application being Criminal Misc. Application No.127 of 2014 on 27.08.2015 with a prayer to enhance the amount of maintenance awarded by learned Family Court, Godhra. After recording the evidence of the petitioner’s side and salary slip of the respondent No.2 produced on record, learned Family Court, vide judgment and order dated 28.09.2017, was pleased to direct the respondent No.2 to pay Rs.6,000/- per month towards maintenance amount to the wife and Rs.2,200/- per month to minor daughter- Zeba. In all respondent No.2 was directed to pay Rs.8,200/- per month towards enhanced maintenance amount from the date of the application i.e. 27.08.2015.

3. Heard learned advocate appearing for the petitioners, learned advocate appearing for the respondent No.2 and learned APP appearing for the respondent-State.

4. Learned advocate appearing for the petitioners has submitted in his argument that as per the evidence of the petitioner No.1 below Exh.19, respondent No.2 is serving as a teacher in a Government School at Ahmedabad and earning handsome income of Rs.34,150/- only per month in November-2016. That respondent No.2 owned a big house at Godhra with all luxuries facilities and petitioners have no means to maintain themselves. That learned Judge has not appreciated the evidence placed on record in its true perspective. That respondent No.2 is serving as a teacher in Government School at Ahmedabad and his monthly income is of Rs.34,150/-. That petitioners have also submitted salary slip of respondent No.2 for the month of November-2016 at Exh.28, however, learned Family Court has awarded Rs.8,200/- per month, which is not adequate to maintain the petitioners.

4.1 It is further submitted that petitioner No.2 minor child Zeba is admitted in school and petitioner No.1 has no independent income to maintain herself and her minor daughter. That looking to the financial condition of the respondent No.2 and peculiar facts of the present case, amount of maintenance awarded to the petitioners is required to be enhanced. That in an amount of Rs.8,200/- per month, petitioners are unable/insufficient to meet the expenses of the daily needs and therefore, impugned judgment