R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1052 of 2018 ========================================================== VIRALBEN TEJASBHAI SHAH Versus TEJASBHAI PREMCHANDBHAI SHAH & ANR. ========================================================== Appearance: MR AB VYAS(985) for the Applicant(s) No. 1 MS.P J.JOSHI(3888) for the Applicant(s) No. 1 MS VRUNDA C SHAH APP for the Respondent(s) No. 2 RULE SERVED for the Respondent(s) No. 1 ========================================================= CORAM:HONOURABLE MR.JUSTICE R. T. VACHHANI Date : 21/07/2025 ORAL ORDER 1. By way of present petition, the petitioner-wife has sought for the following reliefs: “(A) Be pleased to admit and allow this revision application. (B) Be pleased to enhance the amount of Rs. 20,000/- p.m as maintenance from the respondent from Rs. 8000/- p.m as awarded in the order dated 22.06.2018 passed in Criminal Misc Application No. 68 of 2018 passed by the learned Principal Judge, Family Court, Surendranagar. (C) Your Lordships may be pleased to pass the order of enhancement of maintenance from Rs. 8000/- to Rs. 20,000/- in the interest of justice and further pass appropriate maintenance as deemed fit in the circumstances of the case till the pendency and final disposal of the application. (D) Your Lordships may be pleased to grant such other and further relief/s which may deem fir and proper in the interest of justice.” 2. For the sake of gravity and convenience, the parties to this petition are referred to as its original status as husband and wife as petitioner-wife and respondent-husband. Page 1 of 6 R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 3. The brief facts of the case are that the petitioner-wife by way of challenging the order passed by the learned Family Court, Surendranagar in Criminal Misc. application No .68 of 2018, under section 127 of the Criminal Procedure Code (for short ‘the Cr.P.C’), has sought for an enhancement of maintenance. It is contended that the amount of Rs. 7500/-, came to be awarded towards maintenance to the petitioner- wife, however, the respondent-husband being aggrieved and dissatisfied by the impugned order, moved the learned Sessions Court by way of filing Revision Application No. 50 of 2011 for reducing the amount of maintenance where the learned Sessions Judge after hearing the parties was pleased to partly allow the application and reduced the amount of Rs. 500/- by order dated 19.12.2011. Thereafter being further aggrieved, the petitioner-wife again preferred Special Criminal Misc. Application No. 378 of 2012 before this Court which came to be disposed of by order dated 03.05.2012 and the maintenance amount of Rs.7500/- was duly continued. 3.1 It further transpires that the petitioner-wife preferred Criminal Misc. Application No. 68 of 2018 after a period of six years for enhancement of the maintenance amount. The learned Family Court after considering the material on record and the documentary evidence and also considering the depositions of the respective parties, enhanced the amount of maintenance to Rs.8000/- from Rs. 7000/- which were already granted in the revision application. 3.2 The petitioner being unsatisfied inspite of the application being allowed as only Rs.100/- is considered by the learned R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 Family Court hence, the present revision application has been filed. 4. It is pertinent to note here that considering the age of the matter, though nothing sort of any prevailing progress have been brought on record however, without much dwelling with the said aspect and also considering the material on record, the application have been taken up for hearing. The impugned order indisputably arise from the interim order passed under the provisions of Section 127 of the Cr.P.C. It is also pertinent to note here that initially, the petitioner-wife moved an application vide Criminal Misc. Application no. 193 of 2010 under the provisions of 125 of the Code, which came to be allowed and while awarding the amount of Rs. 7500/-, the respondent-husband has deliberately moved revision application being Criminal Revision Application No. 50 of 2011 and the amount of Rs.500/- came to be reduced way back in the year 19.12.2011. It is also pertinent to note that the petitioner-wife being aggrieved by the said order has filed Special Criminal Application No. 378 of 2012 before this Court and the said application came to be disposed of vide order dated 03.05.2012, directing the opponent to pay Rs. 7500/- towards maintenance. Though the petitioner has contended that the she has approached this Court by way of filing the Special Criminal Application No. 378 of 2012, nothing sort of any documents have been produced on record and in absence thereof, the same cannot be looked upon at this stage. Page 3 of 6 R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 5. The petitioner-wife has moved an application for enhancement of maintenance amount, after a period of six years. Though the learned Judge of the Family Court, while considering the facts and circumstances of the case, as also the responsibility and the status of the parties, has enhanced the amount of Rs. 1000/-. While considering the entire material placed on record, this Court while exercising its revisional powers, more particularly, in respect of the interim orders passed in the form of orders under the provisions of Section 127 of the Cr.P.C, would ordinarily not interfere with the enhancement of maintenance, unless there being any materials placed on record for consideration which may constrain this Court to warrant such interference. 6. Since the present revision application has been preferred challenging the order passed under the provisions of Section 127 of the Code of Criminal Procedure seeking enhancement of the amount awarded in the original proceedings filed under the provisions of Section 125 of the Cr.PC., it is pertinent to note that in absence of any cogent and reliable evidence on record, as conceded by the learned Family Court, it would not be possible for this Court to evaluate the requirement of wife and capacity of husband and, therefore, in the aforesaid circumstances, it would not be possible to fix any amount of maintenance which can be enhanced or paid in favour of the wife. It is also pertinent to note that even, if any such amount of maintenance is decided, at this stage in the present revision application, then it would hurdle in the way of the parties to this petition to move the concerned Court to claim enhancement of the amount on the R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 basis of the change circumstances. 7. Thus, considering the very object of the provisions of Section 127 of the Cr.PC., if the wife fails to establish the change in circumstances to seek enhancement of amount already awarded, that may lead to dismissal of the initial application seeking enhancement of the maintenance. Thus, the evidence demonstrating change in financial capacity and the application post the disposal and pendency of litigation would not be the factor depriving the claimant to have the benefit of subsequent evets indicaitng increasing capacity to pay the due to the family liability, which in the facts on hand no cogent materials have been placed on record by the applicant so as to show any change in circumstances, in the form of decreasing the liability which may compel this Court to enhance the amount of the maintenance as claimed therein. 8. For the foregoing reasons, the present Revision Application is devoid of any merits and consequently deserves to be dismissed. Accordingly, it is dismissed. However, it is made clear that since the present Revision Application moved against the order passed under Section 127 in the form of interim order while seeking enhancement of the maintenance awarded in favour of the petitioner in the original applications, the same would not come in the way of the petitioner to move the concerned court while seeking enhancement on the basis of the claim or changed circumstances and the requirement so arises. 9. The observations and findings made herein above are confined to the present application, the same would not have R/CR.RA/1052/2018 ORDER DATED: 21/07/2025 bearing on the outcome of any pending applications or otherwise any applications that would be made seeking enhancement in change circumstances. (R. T. VACHHANI, J) Radhika Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RADHIKA ABHILASH(HCD0042), Steno Gr II, at High Court of Gujarat on 25/07/2025 16:43:50