Court entails that maintenance should reflect the needs of the wife and child, even considering the respondent's health and responsibilities.

ORDER

This revision petition has been filed by the wife and child in a proceedings under Section 125 of Cr.P.C, dissatisfied with the quantum of maintenance awarded by the Family Court, Malappuram.

2. The petitioner No.1 is the wife of the respondent.

The petitioner No.2 is the son born to the petitioner No.1 and respondent. The petitioner No.1 was granted a monthly maintenance of ₹1,000/- in M.C.No.495/2012 by the Family Court, Malappuram. Thereafter, the petitioners filed M.C.No.1/2020 under Section 125 of Cr.P.C for enhancement of the maintenance. It was allowed as per the impugned order and the monthly maintenance amount was enhanced to ₹1,600/- from the date of the petition. The petitioners dissatisfied with the said amount ordered has approached this Court.

3. I have heard the learned counsel for the petitioners. There is no appearance for the respondent.

4. The marriage is not in dispute. In M.C.No.495/2012, ₹1,000/- was ordered as monthly maintenance on 5.11.2014. The impugned order was passed on 30.10.2021. In short, the second order was passed after a lapse of seven years and a meager amount of ₹600/- is enhanced, which is no doubt too low. However, the fact remains that the respondent is a cancer patient and his pancreas was removed. Further it has come out in evidence that after the removal of pancreas, he has contracted another marriage and two children were born in the said wedlock. Admittedly, he is maintaining his second wife and children. Therefore, the respondent cannot take up a contention that he cannot maintain his first wife. As stated already, the enhancement ordered by the Family Court is very low. Taking into consideration the entire facts and circumstances of the case, the requirement of the petitioner No.1 and the means and illness of the respondent, the monthly maintenance granted by the Family Court is enhanced to ₹3,000/-. The revision petition is allowed.