1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL REVISION NO. 6 OF 2011 (Sau. Chandrakiran @ Shubhangi Anil Pise and anr. vs. Anil Pundlikrao Pise) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. BHANGALE, J. DATED : 23rd June, 2011. Heard Mr.S.P.Bhandarkar, Adv. for the applicants and Mr.D.A.Sonwane, Adv. for the respondent. By this application, the applicant has prayed for enhancement of the amount of maintenance to the sum of Rs.10,000/- per month to the applicants. It is the grievance of the applicants that, while deciding the quantum of maintenance, the learned Judge of the Family Court No.2, Nagpur had framed point for determination as below : Whether wife prove that husband has sufficient means to maintain wife and her daughter, but is deliberately neglecting and refusing to maintain them ? The point was answered in the affirmative. In the common judgment dt. 26.4.2010 delivered by the learned in-charge Judge, Family Court No.2, Nagpur in a proceeding bearing Petition No.E-97 of 2007 heard and decided along with Petition No.A.901 of 2007, while answering the point no.6, however, 2 the learned Judge observed thus : “ In fact, considering the facts and circumstances of the case though the husband has sufficient income being a Government servant, considering the demeanor of the wife and her fault in not resuming the in cohabitation with the husband, the wife is not entitled to claim further maintenance for herself. Hence, there is no need to go into the details of the income of the husband. “ Considering the fact that the divorce petition was decreed and the wife has not yet re-married, she is entitled to claim reasonable sum of maintenance for herself and her daughter etc. and while deciding just and reasonable ground of maintenance, details of monthly income of the husband is relevant. For this reason, the applicant is entitled to apply for review/modification/alteration of the amount granted by way of maintenance to the extent of a sum of Rs.1,000/- per month for wife and Rs.1,000/- for daughter of respondent Anil Pise. The learned Advocate for the respondent submitted that alteration in monthly allowance may be claimed on the ground of change in circumstances. However, in this case, the grievance of the applicants is that the circumstances and the fact regarding monthly income of the respondent herein was not taken into consideration on the ground that there is no need to go into the details of income of the husband. This portion of the judgment do not appeal to the judicial 3 conscience, as, in my opinion, the fact of gross salary, take home salary etc. is required to be taken into consideration in arriving at a figure of just and reasonable sum of maintenance. Once the trial Court has observed that the husband has sufficient means to maintain his wife and daughter but is deliberately neglecting and refusing to maintain them, it is but natural that the finding must be recorded as to what were sufficient means of the husband and how much amount the applicants are entitled to claim from the amount available to the husband as monthly income. In view of the above, the parties are directed to appear before the learned Judge of the Family Court No.2, Nagpur on 11th July, 2011 for enhancement of the amount of maintenance. The learned Judge shall consider the evidence as to monthly income of the husband and then shall arrive at a just and reasonable sum of maintenance payable. The amount deposited in this Court is allowed to be withdrawn by the applicant/wife and shall be subject to adjustment of the amount due and payable as a result of order passed by the trial Court. With these directions and observations, the Revision Application is disposed of. JUDGE jais