1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL REVISION APPLICATION NO.120/2010. (Mohammad Shakoor Qadri Vs. Shabnam Nahid w/o Mohd. Shakoor Qadri and another) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.A. Ashirgade, Advocate for the Petitioner. Mr. Pankaj Navlani, Advocate for the Respondents. CORAM : A.P. BHANGALE, J DATE : JULY 14, 2011 Heard Mr. S.A. Ashirgade, Advocate for the petitioner and Mr. Pankaj Navlani, Advocate for the respondents. The applicant is challenging legality, propriety and correctness of the order dated 26.04.2010 passed in Petition No. E-54/2006 by the Family Court, Nagpur for grant of maintenance in the sum of Rs.3500/- in favour of his daughter Ku. Musarrat (respondent no.2). The contention on behalf of the petitioner is that the amount granted by way of maintenance is on higher side and the respondent/wife is able to maintain herself and his daughter since she belongs to a very rich and sound family. It is further contended that, on the contrary, the applicant belongs to a lower middle class family and presently, he is trapped in a terrible financial crisis since he has borrowed loan and paying high interest. Mr. Pankaj Navlani, Advocate for the respondents have submitted that the respondent/wife is unable to maintain their daughter. It is further submitted that the respondent has denied the suggestion given to her in her cross-examination that she is able to maintain her daughter. According to the learned 2 Advocate, the respondent is paying school fees of Rs.500/- per month and auto-rickshaw charges of Rs.200/- per month for their daughter and the girl is studying in the English medium school where the expenses are more and increasing. It is the contention of the learned Advocate that, considering the growing inflation, increasing prices of essential commodities and growing age of the girl, the learned Judge of the Family Court has rightly granted maintenance amount of Rs.3500/- per month for respondent no.2 herein. In the circumstances, the learned Advocate for the respondents have prayed that the instant application be dismissed. Considered the contentions canvassed by the respective parties. Perused the impugned order, if the applicant wants to prove change of circumstances contemplated under Section 127 of the Code of Criminal Procedure, liberty is always with him to bring the change in circumstances to the notice of the learned Judge of the Family Court by furnishing appropriate application and affidavit. Hence, the Criminal Revision Application is dismissed. The amount deposited by the petitioner may be paid to respondent no.2 and it shall be adjusted towards arrears of maintenance. JUDGE NSN