ORDER

1. R.P.F.C. No.200003 of 2023 is filed by Sagar (hereinafter referred to as ‘the husband’) challenging the order of the Trial Court by which a sum of Rs.25,000/- was awarded as monthly maintenance to his wife— Mrs.Bhagyashree (hereinafter referred to as ‘the wife’) and his son—Shivansh (aged about 04 years) in the proceeding initiated by the wife under Section 125 of the Code of

Criminal Procedure, 1973.

2. R.P.F.C. No.200105 of 2023 is by the wife seeking for enhancement of the maintenance awarded by the Trial

Court.

3. The factum of the marriage and the birth of Shivansh are not in dispute.

4. The Trial Court, on consideration of the material produced before it, came to the conclusion that Exhibits P- 7 to 32 established that the petitioner owned several pieces of agricultural land in Srinival Saradagi village and Bennur B village, Chitapur Taluk, Amaraga, Killari, Yalli, Budod and Akharai villages. It has also concluded that from the property extracts furnished by the wife, it was clear that the husband hailed from a rich family and was the only son to his parents.

5. The Trial Court has also taken note of the fact that as per the declaration of the husband, he had the educational qualification of a Masters in Business Administration (MBA) degree and was engaged in real estate business. The Trial Court has taken the view that since the husband was an MBA graduate, he could be earning a sum of Rs.50,000/- per month and he may also be getting further sum of Rs.50,000/- per month from his agricultural lands, thereby

making his total income of Rs.1,00,000/-. Thereafter, it has proceeded to award a sum of Rs.25,000/- each to the wife and his minor son.

6. In these petitions, as stated above, both the husband and the wife are before this Court challenging said award. In husband’s petition, this Court directed the husband and the wife to file affidavit of assets and liabilities. The wife has filed her affidavit of assets and liabilities, in which she has stated that she would be having general monthly expenses of Rs.1,00,000/-. She also stated that her 4½ years old son also requires expenses of about Rs.80,000/- per month and she has gone on to state that her son suffered from seizures for which he was admitted in ICU. She has claimed a sum of Rs.80,000/- per month towards the expenditure incurred by her son.

7. The wife also filed a list of 59 properties stated to belong to her husband. She has also stated that the husband was the owner of Suprabhat Infra ventures Pvt. Ltd., Suprabhat Water Park and Srinivas Mangal

Karyalaya, Latur and was owning approximately 300 acres of agricultural land, with a net income of Rs.10,00,000/- per month.

8. Along with the affidavit, the wife has also produced medical records which indicate that the child had behavioural issues and has limited speech and language output and is also suffering from several behavioural traits, such as hand slapping and self harm including biting, head banging. The medical certificate produced would indicate a provisional diagnosis of spoken language disorder is made. She has also produced the MRI (Brain) report, in which it is stated that the child is suffering from ‘mild atrophy of Hippocampus on right side with prominent ipsilateral temporal horn of lateral ventricle’.

9. She also produced the disability registration in respect of her son, wherein it is stated that the child had disability since 2018 and the disability was ‘intellectual’ in nature. A discharge summary has also been produced, in

which it has been stated that child has been diagonsied with right sided unprovoked focal seizures.

10. It is thus clear from the affidavit of assets and liabilities that the wife has to deal with the child who is 4½

years old and is intellectually disabled.

11. The husband has filed his affidavit of assets and liabilities, in which he has stated as follows as regards the disability suffered by his son:

D)Medical details if any, of the Deponent and/or dependant family members:

1. Whether