A change in the cost of living can warrant an increase in maintenance payments under Sections 125 and 127 of the Cr.P.C.

O R D E R

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1.The petitioner is the respondent in M.C.No.392 of 2008 on the file of the Family Court, Palakkad. The aforesaid petition was filed by the 1st respondent herein, the wife of the petitioner, under Section 125 of Cr.P.C. The Family Court, Palakkad by order dated 23.11.2009, allowed the petition and directed the petitioner to pay maintenance at the rate of Rs.1,300/- per month to the respondent herein and Rs.1,000/- per month to their child, who was aged 14 years at that time.

2.After a lapse of about six years, the respondent approached the court below and filed a petition under Section 127 of the Code seeking enhancement of maintenance allowance.

3.According to the respondent, the petitioner is now in affluent circumstances and is earning in excess of Rs.One lakh per mensem. The amount of Rs.1,300/- per mensem ordered in the year 2009 is insufficient to meet her monthly expenses. According to her, the cost of essential commodities has increased manifold and sought for enhancement of maintenance to Rs.20,000/- per mensem.

4.The respondent entered appearance and denied that there was any change in circumstances. According to him, he is suffering from various ailments and he was working as a helper to a mason and is getting only a sum of Rs.750/- per day. On his side, he also produced Exts.D1 to D7 series medical records.

5.The learned Family Court after considering the evidence and materials on record, allowed the petition and the petitioner was directed to pay a sum of Rs.3,000/- per mensem by the impugned order. The aforesaid order is under challenge in this petition.

6.Heard the learned counsel appearing for the petitioner.

7.Under Section 127 of the Code, the court can, on proof of a change in the circumstances of any person receiving monthly allowance, order alteration of the amount originally ordered. One of the circumstances which govern award of maintenance is the cost of living. There cannot be any doubt that the cost of living and the price of essential commodities have increased manifold. The allowance of Rs.1300/- was granted in the year 2009. More than six years had elapsed. Rise in cost of living amounts to change of circumstances entitling the wife to claim enhanced maintenance. Though the petitioner has submitted certain documents to show that he is suffering from several ailments, the fact remains that he is aged 47 years and is in the construction business. His claim that he was working as the helper of a mason was not accepted as such by the court. The amount of Rs.3,000/- ordered towards enhanced allowance cannot be said to be highly excessive. Though as per the earlier order, maintenance was awarded to the mother and child, as the child had attained majority, no application for enhancement was filed. I am of the considered view that all relevant aspects have been considered by the court below. Having bestowed my anxious consideration to the order impugned and also the materials on record, I am of the view that the petitioner has not made out any ground for interference in exercise of the revisional powers of this Court.

I find no reason to interfere. This petition will stand dismissed.