1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRI. REVN. APPLN. NO.: 176 OF 2008 Rafiq Azizur Rahman Farooqi Versus Mrs. Farida W/o Rafiq Farooqi *** Mr. A. P. Bhandari, Advocate i/b Mr. A. G. Ansari, Advocate for the Petitioner. Mr. R. R. Shaikh, Advocate for Respondent Nos.1 to 3. *** 1. Heard counsel. Rule. The matter is finally heard. 2. The enhancement of maintenance by virtue of provisions of section 127 Cr.P.C. in Petition Cri.M.A. No.127 of 2006 from maintenance amount Rs.800/- p.m. to the wife and Rs.500/- each to the children enhancing it to Rs.1,000/- to the wife and Rs.750/- to the children, is subject of criticism on behalf of the husband. The matrimonial relations are not in dispute. The point addressed by the counsel for husband is, there is a valid Talak given to the wife and consequently she is not entitled for maintenance. This aspect has been considered in the proceedings under section 125 of Criminal Procedure Code between the parties and the contention of husband negatived. I am informed, there is no challenge to the order in proceedings under section 125 Cr.P.Code Petition No.E-297 of 2004 decided on 8th April, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2005. 3. During the course of submissions, it revealed that the income of the husband in the year 2004 was Rs.9,428/- while in October, 2007 it was Rs.16,425/-, while the take home salary, after deductions, earlier was Rs.6,000/- and in October, 2007 it was Rs. 8,971/-. The gross salary has the deductions of the so called loan raised by the husband and also payment of insurance premium. In fact this should not squeeze the claim of the wife for enhancement as she is expected to live with a standard akin to her husband. 4. The status of the husband indicated in the proceedings is Deputy Engineer in Zilla Parishad, however, the counsel for the husband disputes about the status to be the Deputy Engineer but he says the husband is a technical assistant. Be as it may be, the fact remains that the husband has a good status and earning, stated above. Expectation of the wife for enhancement in the present scenario of escalation of prices flowing from 2005 to 2008 or 2009 is just. The enhancement granted by the learned Judge by order dated 31st May, 2008 is perfectly in tune with the standard of the parties with the escalation in the prices. Though during the course of submission, on 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. behalf of husband, it is informed that one of the child with him suffered serious illness and expenses are required for medical treatment. However, the counsel representing the wife retorted, there is no pleading, nor any evidence adduced by the husband. Hence, I do not wish to make any comment on this submission. No interference warranted. Criminal Revision Application dismissed. Rule discharged. Interim relief vacated. [K. U. CHANDIWAL, J.] Dated:28/08/2009. ans/176