Case Note & Summary
The applicants, wife and two minor children, filed a revision under Section 397 read with Section 401 CrPC against the order of the Family Court, Aurangabad, dated 17.01.2017, which allowed their application under Section 127 CrPC for enhancement of maintenance but granted the enhanced amount from the date of the order rather than from the date of application. The applicants sought enhancement to Rs.15,000 per month each and payment from the date of application (28.08.2014). The marriage was solemnized on 28.06.1998, and the children were born in 1999 and 2002. After separation, maintenance was initially fixed under Section 125 CrPC and later enhanced to Rs.1100 per month for the wife and Rs.800 per month for each child with effect from 11.07.2008. The applicants alleged a change in circumstances due to increased needs and the husband's improved financial status. The Family Court increased maintenance to Rs.2000 per month for each applicant but made it effective from the date of the order. The High Court held that the Family Court has discretion to award enhanced maintenance from the date of application or order, and unless exceptional circumstances exist, the date of order is appropriate. The court found no error in the quantum of enhancement, considering the husband's income as a Nayab Tahsildar and the wife's earning capacity. The revision was partly allowed only to the extent of granting maintenance to the minor children from the date of application, as they were not earning and their needs were immediate. The wife's maintenance was confirmed from the date of order.
Headnote
A) Criminal Procedure Code - Maintenance Enhancement - Section 127 CrPC - Date of Enhancement - The Family Court has discretion to award enhanced maintenance either from the date of application or from the date of order. Unless there are exceptional circumstances, the court may grant it from the date of order. In this case, the court found no exceptional circumstances to grant from date of application. (Paras 5-7) B) Criminal Procedure Code - Maintenance - Quantum - Section 127 CrPC - The court must consider change in circumstances of both parties. The Family Court increased maintenance from Rs.1100 to Rs.2000 per month for wife and from Rs.800 to Rs.2000 per month for each child, which was held to be reasonable given the husband's income and the wife's earning capacity. (Paras 4-6)
Issue of Consideration
Whether the Family Court erred in not granting enhanced maintenance from the date of application under Section 127 CrPC and whether the quantum of enhancement was adequate.
Final Decision
The revision is partly allowed. The impugned order is modified to the extent that the enhanced maintenance for the minor children (applicants no.2 and 3) shall be payable from the date of application i.e. 28.08.2014. For the wife (applicant no.1), the enhanced maintenance shall continue to be payable from the date of the impugned order i.e. 17.01.2017. The quantum of enhancement remains unchanged.
Law Points
- Maintenance enhancement under Section 127 CrPC
- Date from which enhanced maintenance is payable
- Discretion of Family Court
- Change in circumstances
