R/CR.RA/1044/2018 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1044 of 2018 ========================================================== ISHWAR RAMJI KHETANI Versus LAXMIBEN DEVSHI PINDORIA & ANR. ========================================================== Appearance: MR. ABHISHEK A JOSHI(6768) 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. When the matter is taken up for hearing, none remained present in the rst session and thereafter, the hearing of the matter was deferred in the second session, however in second session also none appeared on behalf of the respective parties. Considering the issue on hand, the matter is taken up so as to put it at rest. 2. For the sake of gravity and convenience, the parties to this petition are referred to its original status as husband and wife as applicant and respondent. 3. The present revision application is arising from the order passed by the learned Principal Judge, Family Court in Criminal Misc. Application No. 300 of 2017, led by the respondent- wife against the present applicant- husband under the provisions under Section 127 of the Criminal Procedure Code (for short ‘the Cr.P.C) for enhancing the amount of maintenance while facing change of circumstances after the order for maintenance passed under the provisions of Section 125 of Cr.P.C in Criminal Misc. Application No. 362 of 2005 on 25.11.2017, where the learned R/CR.RA/1044/2018 ORDER DATED: 21/07/2025 Principal Judge Family Court, after considering the change in circumstances have been pleased to enhance the amount of Rs. 8000/- from amount to Rs. 9000/-, towards maintenance with e4ect from 25.11.2017 with the arrears accrued therein and further directed to pay the maintenance amount. 4. As noted hereinabove, the fact that none remained present for the petitioner- respondent no.1 though served did not enter appearance. However, considering the material placed on record it transpires that the marriage span between the parties to this petition as averred came to be dissolved way back in the year 2003 vide order passed on 08.05.2003 in HMP Case No.42 of 2000. It further transpires from the record that the parties have been residing separately since then. The respondent-wife moved the concerned Magistrate Court seeking maintenance by way of ling Criminal Misc. Application No. 362 of 2005, while the learned Magistrate have been pleased to award Rs.500/- towards maintenance to the wife and Rs. 400/- towards her son. It further transpires that the respondent-wife again moved the concerned court by invoking the provisions of 127 of the Code, for enhancement of the aforesaid maintenance amount and thereafter again preferred an application before the Principal Judge Family Court, Bhuj Kuchchh vide Criminal Misc. Application No. 300 of 2017, and the impugned order came to be passed in favour of the respondent-wife. 5. Upon perusing the materials placed for consideration, before the learned Principal Judge as well as this Court, the only contention raised by the applicant herein is that the civil litigation came to be led between the parties, however, those litigation were put to rest on mutual divorce followed by the R/CR.RA/1044/2018 ORDER DATED: 21/07/2025 applicant. Thereafter, on the sole basis of the divorce, the applicant got remarried and out of the said wedlock he has been blessed with two daughters and the entire responsibility is on the applicant who is sole breadwinner of the family. It further transpires as averred by the applicant to meet with the expenses, the applicant was constrained to explore additional means of earning. The applicant thereafter joined a company abroad and doing labour work at “Kerai Construction Ltd.” at Tanzania, and the applicant receives a salary of Rs.18,800/- in Indian currency (in Tanzanian Shilling Rs.7,16,700/-) and the receipt to that extent have been placed on record. It is contended that the learned Family Court have not duly considered the nancial constrains faced by the applicant and while ignoring the aforesaid facts, has proceeded to award the maintenance amount based on assumptions and presumptions, more particularly, erroneously estimating the salary of the applicant at Rs. 40,000 to Rs. 45,000/-. 6. This Court while exercising Revisional powers under the Cr.P.C, has a very limited scope to interfere with the case, it is only when the applicant establishes the factum of any perversity or material of irregularity adopted in arriving at the conclusion against the applicant. However, on perusal of entire material on record and also considering the factum of dissolution of marriage between the parties, it is clear that the subsequent proceedings thereafter initiated for claiming the maintenance would not come to an end as right of the wife to seek maintenance would survive despite divorce. Though the same is not a case of the applicant, however, the contention which has been raised by the present petitioner is that the order of enhancement has been passed by the learned Family Court, R/CR.RA/1044/2018 ORDER DATED: 21/07/2025 solely on the basis of assumption and presumptions; however, nothing sort of any material surface so as to consider the said contention. Thus, considering the provision of Section 125 of Cr.P.C and the duty to maintain the wife and children is absolute in nature and squarely lies upon the applicant and the applicant cannot evade the statutory obligation, on the ground that marriage in question has been dissolved and also on account of futile conclusion arrived at by the learned judge on the basis of assumptions and presumptions. 7. 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 led 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 x 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, in absence of any cogent material and conclusion arrived at by the learned Family Court, 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 basis of the change circumstances. 8. Thus, the necessary evidence demonstrating change in nancial capacity and application post the disposal and pendency of litigation between the parties would not be the factor depriving the claimant to have the benet of subsequent R/CR.RA/1044/2018 ORDER DATED: 21/07/2025 events, indicating increasing capacity to pay the dues to decrease the family liability, which in the facts on hand seems to have been lacking as nothing sort of any material is placed on record by the applicant to show any such cogent material in the form of decreasing the liability and change in circumstances as claimed by the opponent-wife, which may compel this Court to decrease the amount of the maintenance as claimed therein. 9. 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. 10. Since the observations and ndings made herein above are conned to the present application, the same would not have 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 16:43:14