The court affirmed the authority to enhance maintenance under domestic violence protection laws, considering the prevailing cost of living.

ORDER

The judgment rendered by the Additional Sessions Court - II, Palakkad, in Crl.A.No.230 of 2016, enhancing the maintenance amount awarded by the Judicial First Class Magistrate Court, Chittoor, to the aggrieved person in M.C.No.46 of 2015, is under challenge in this revision.

2. The 1^st respondent and her two daughters had approached the learned Magistrate seeking various reliefs under Section 12 of the Protection of Women from Domestic Violence Act . After the evaluation of the evidence adduced through the oral testimony of the 1^st respondent as PW1, and that of the petitioner herein as RW1, and also the relevant documents on record, the learned Magistrate awarded maintenance at the rate of Rs.2,000/- per month to the 1^st respondent herein. Though the aggrieved person / 1^st respondent challenged the aforesaid verdict before the Appellate Court, the learned Additional Sessions Judge, Palakkad, who considered the appeal, made only the enhancement of the maintenance amount to Rs.4,000/- per month while allowing the appeal. Now, the revision petitioner herein would contend that the aforesaid judgment rendered by the Appellate Court is erroneous and liable to be set aside.

3. Heard the learned counsel for the revision petitioner and the learned counsel representing the respondents.

4. On going through the impugned judgment of the Appellate Court, I find no reason to interfere with the finding that the aggrieved person is entitled for enhanced maintenance at the rate of Rs.4,000/- per month. Considering the prevailing cost of living, price index, etc., the aforesaid amount of Rs.4,000/- fixed by the Appellate Court as maintenance to the 1^st respondent, cannot be said to be exorbitant or unreasonable. Needless to say, the revisional powers of this Court under Section 397 Cr.P.C., cannot be exercised to displace the findings of the Appellate Court in the above regard.

Accordingly, I find that the revision is totally unsustainable.

Resultantly, the petition stands dismissed.

Sd/-