1 / 3 57- revn 107-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO.107 OF 2025 Shyam Shrawan Khot Vs. Kalkpana Shyam Khot ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Ms.R.N.Gaikwad counsel h/f Mr. N.M.Gaikwad, counsel for the applicant. Mr. J.B.Kasat, counsel for non applicant sole. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 22/09/2025 1. The applicant has challenged the order passed by the Family Court, Nagpur in Cri.M.A.No.23 of 2021 enhancing the maintenance to the wife of the applicant. 2. The learned counsel appearing for the applicant has stated that the applicant is disabled person. He has undergone the hip replacement surgery. Earlier the order was passed for maintenance of Rs.500/-. Thereafter, the applicant has not filed any execution proceedings. It is required to be filed within a period of one year, however in the year 2021, she has filed the execution proceedings and the applicant has deposited an amount of Rs.1,53,000/-, thereafter, the applicant has filed the application for Kavita 2025:BHC-NAG:9621 2 / 3 57- revn 107-25 enhancement of the maintenance. Without recording the evidence of non applicant the order was passed and the maintenance was enhanced to Rs.8,000/- per month. 3. The learned counsel appearing for the applicant has stated that now the applicant is in jail for non payment of maintenance amount. The applicant had no opportunity to contest the matter and produce the documents on record about his disability and proof that he is not doing anything. Without any proof of his income, Family Court has passed the said order. 4. The learned counsel appearing for the non- applicant has stated that the applicant has not paid a single pie to her. She is not doing anything. The applicant has chosen not to contest the matter in earlier petition and in application for enhancement. He has filed written statement and thereafter, he remained absent. After the matter before the counsellor, he remained absent and therefore, it was proceeded in his absence. 5. Now the applicant has filed this application to remand the matter before the Family Court and to allow him to contest the application filed by the respondent for enhancement of the maintenance. Kavita 3 / 3 57- revn 107-25 6. Heard the learned counsel appearing for the respective parties. 7. The application, which is filed by the respondent for enhancement of the amount and it is enhanced for Rs.8,000/- from Rs.500/- and the applicant has not contested the matter to prove his income and his disability. The application is allowed. The order passed by the trial court is set aside. The application for enhancement is remanded back to the Family Court, Nagpur to decide it afresh. The direction is given to the applicant to deposit Rs.2,00,000/- within a period of two months from the date of this order. 8. On depositing of the said amount, the respondent is permitted to withdraw the said amount. 9. The application stands disposed of. JUDGE Kavita