IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.: 201 OF 2008 Shama Begum W/o Jafar Khan, Age: 57 years, Occu.: Household, R/o Rahemaniya Colony, Ward No.45, Aurangabad. ... PETITIONER [ORIG. PETITIONER] VERSUS 1. Jafar Khan S/o Ashraf Khan, Age: 60 years, Occu.: Pensioner, R/o Ajintha Road, Behind the house of Akbar Patel, Phulambri, Tq. Phulambri, Dist. Aurangabad. 2. The State of Maharashtra. Copy to be served to A.P.P. High Court of Judicature of Bombay, Bench at Aurangabad. ... RESPONDENTS. [ORIG. RESPONDENTS]. *** Mr. A. A. Khan, Advocate for the Petitioner. Mr. P. M. Gaikwad, Advocate for the Respondent No.1. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. Dated: 24th AUGUST, 2009. ORAL JUDGMENT: 1. Heard respective counsel. Being aggrieved by inadequate enhancement of maintenance in Petition No. Cri.M.A. No.122 of 2006 dated 2nd June, 2008, the wife is before this Court. She has requested that her prayer for grant of monthly maintenance at the rate of Rs.1,500/- should have been considered, effective from 15th December, 2006. 2. The petitioner earlier initiated proceedings under section 125 of Criminal Procedure Code in which the monthly maintenance was accorded at the rate of Rs. 40/-. The petitioner continued with the same for at-least 19 years and then filed application under section 127 of Criminal Procedure Code, seeking enhancement in the allowance. 3. The admitted position is, the petitioner has a son and two daughters, all major. Her son is M.Com. and failed in D. Pharmacy. The husband has got remarried. He has three children from his second wife. He gets monthly pension of Rs.6,000/-. 4. During the course of submission, it was canvassed that the plots in possession of the son of petitioner, are indeed purchased by the husband and the son can very well maintain the petitioner. It is canvassed that the husband, during the festivals and other occasions, used to provide food and clothing as was required to the wife. He has also performed marriage of the daughters. 5. The learned Judge, considering all these facts, has enhanced the maintenance from Rs.40/- per month granted in the year 1982, to Rs.750/- per month, by his order under challenge. 6. It is settled position, the independent earning of the son with whom the petitioner is residing at Aurangabad by itself cannot be a ground to deny the obligation cast on the husband to maintain his wife akin to his standard. The standard of the husband that emerges is, he has already three children. Out of them, two are married. The calculation indicate that there are three members with the husband to maintain. It may be that the other child, daughter may be an earning hand but at this stage, no comment. The fact remains in the pension amount of Rs.6,000/-, the wife Petitioner herein, has also to see her interest and she needs to maintain herself in these days where escalation has reached its peak. The enhancement from Rs.40/- to Rs.750/- by itself cannot be a criteria and parameter to deny the amount, the wife has suggested. This is particularly in the terms of the husband drawing the pension of Rs.6,000/- per month. In the situation, I find that the amount of Rs.750/- granted by the learned Judge, Family Court, Aurangabad needs to be modified to Rs.1,100/- per month effective from today. Hence, order. 7. Criminal Revision Application is allowed partly. The maintenance allowance of Rs.750/- per month granted to the Petitioner, is enhanced to Rs. 1,100/- [Rupees eleven hundreds only] per month effective from 24th August, 2009 with costs. Rule is made partly absolute in above terms. [K. U. CHANDIWAL, J.] Dated:24/08/2009. ans/201