Case Note & Summary
The case involves a revision petition filed by the husband, Sri. Ravi, under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 05.10.2023 passed by the Principal Judge, Family Court, Mysuru, in Crl.Misc.No.251/2023. The Family Court had partly allowed the wife's petition under Section 127 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and enhanced the maintenance payable to the wife from Rs.500/- per month to Rs.3,000/- per month. The marriage between the parties was solemnized in 1993, and they have a daughter named Nethravathi. Due to differences, the wife and daughter had earlier filed Cr.Misc.No.255/1995, which was allowed granting maintenance of Rs.300/- per month to the daughter and Rs.500/- per month to the wife. Subsequently, the wife filed Crl.Misc.No.289/2002 under Section 127 Cr.P.C. seeking enhancement, which was allowed by the Family Court. The husband challenged this order in the present revision. The main legal issue was whether the Family Court was justified in enhancing maintenance under Section 127 Cr.P.C. without establishing a material change in circumstances. The husband argued that there was no change in his income or circumstances since the original order, while the wife contended that the increased cost of living and her needs warranted enhancement. The High Court analyzed the provisions of Section 127 Cr.P.C. and held that an application for enhancement must be supported by evidence of a material change in circumstances. The court found that the Family Court's order was based on no evidence of such change and was therefore perverse. Consequently, the High Court allowed the revision petition, set aside the impugned order, and restored the original maintenance amount of Rs.500/- per month.
Headnote
A) Family Law - Maintenance - Enhancement under Section 127 Cr.P.C. - Material Change in Circumstances - The court held that an application under Section 127 Cr.P.C. for enhancement of maintenance must be supported by evidence of a material change in circumstances since the original order. Mere passage of time or increased needs without proof of change in the husband's income or ability to pay is insufficient. The Family Court's order enhancing maintenance from Rs.500/- to Rs.3,000/- per month was set aside as it was based on no evidence of change. (Paras 1-10) B) Family Law - Maintenance - Revision under Section 19(4) of Family Courts Act - Scope - The High Court in revision can interfere if the Family Court's order is perverse, based on no evidence, or suffers from jurisdictional error. The impugned order enhancing maintenance without any material change was held to be perverse and liable to be set aside. (Paras 1-10)
Issue of Consideration
Whether the Family Court was justified in enhancing maintenance under Section 127 Cr.P.C. without establishing a material change in circumstances
Final Decision
The revision petition is allowed. The order dated 05.10.2023 passed in Crl.Misc.No.251/2023 by the Principal Judge, Family Court, Mysuru, is set aside. The original maintenance amount of Rs.500/- per month is restored.
Law Points
- Maintenance enhancement under Section 127 Cr.P.C. requires proof of material change in circumstances
- Section 127 Cr.P.C. cannot be used to reopen settled maintenance orders without fresh evidence
- Family Courts Act Section 19(4) revision limited to jurisdictional errors
