The court determined that a spouse's maintenance allowance can be enhanced based on the applicant's affordability and living conditions of the respondent.

1. Applicant has filed this criminal revision under S.19(4) of the Family Court Act , 1984 being aggrieved by the order dated 01.05.2018 passed by the Principal Judge, Family Court, Tikamgarh, District Tikamgarh (M.P.) in M.J.C.R. No.307/2017; whereby learned Family Court allowed the application of the respondent filed under S.127 of the Code of Criminal Procedure and enhanced the maintenance allowance payable to the respondent from Rs.5000/- to Rs.7000/- per month.

2. The facts giving rise to this revision petition in short are that applicant and respondent were legally married spouse and applicant was not maintaining his wife therefore, wife respondent previously filed an application under S.125 of the Code of Criminal Procedure which was registered as M.J.C.R. No.88/2013. Learned Court vide order dated 06.05.2015 disposed of the application and directed the applicant to pay Rs.5000/- per month to his wife respondent. Both parties being aggrieved by that order approached to this Court and filed criminal revisions which were registered as Criminal Revision No.1752/2015 and Criminal Revision No.1238/2015. This Court vide order dated 17.03.2017 disposed of both the petitions by the common order and dismissed both the petitions.

3. Thereafter, respondent filed an application under S.127 of the Code of Criminal Procedure on 25.10.2017 for enhancement of the maintenance allowance from Rs.5000/- to Rs.15000/- which was registered as M.J.C.R. No.307/2017. Both the parties recorded their evidence. Respondent Smt. Rajeshwari examined herself as witness no.1 (applicant) and submitted a pay slip (Ex.P / 1) of the month of February, 2018 of the applicant. Applicant Sanjeev Vimochan Tiwari recorded his statement as witness no.1 (non - applicant) and submitted Ex.D / 1 order dated 17.03.2017 passed in Cr.R.Nos. 1752/2015 and 1238/2015.

4. Learned Family Court after hearing both the parties passed the order on 01.05.2018 whereby the application filed by the respondent was partly allowed and enhanced the maintenance allowance from Rs.5000/- to Rs.7000/- per month. The applicant being aggrieved by that order, preferred this criminal revision on the ground that he has filed certain documents along with this petition i.e. pay slip of applicant for the month of August, 2018 and affidavits of the persons who lived in the neighborhood of the applicant and submitted that respondent is living separately without any sufficient cause, they harassed the parents of the applicant and the applicant is not having sufficient income to maintain his wife. On the basis of those documents submitted that learned Family Court committed an error in enhancing the maintenance allowance. Therefore, it has been prayed to set aside the impugned order dated 01.05.2018.

5. Per contra, learned counsel appearing for the respondent submitted that he has submitted pay slips of the applicant for the month of July 2018 and August 2018 that applicant is getting net salary of Rs.20,976/- after all deductions and he is not interested to maintain his wife. Therefore, learned Family Court rightly allowed the application and enhanced the maintenance allowance. Therefore, it has been prayed to dismiss this petition.

6. Having both the counsel, perusal the record of M.J.C.R. No.307/2017 in which the impugned order has been passed.

7. The respondent in her statement stated that she is living in a rented house and paying Rs.5000/- per month and required Rs.8000/- per month on clothes, medicine food etc. She is sick therefore she could not do any work and due to hike in price it is not possible for her to maintain herself with Rs.5000/- per month. She has been cross -