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Bombay High Court

BHATU NAWAL PATILversusRAJUBAI BHATU PATIL

Disposal
DISPOSED OFF

Holding

The revision application is dismissed and the Family Court's order enhancing maintenance to ₹6,000 stands.

Summary

The husband, aged over 65 and retired as an Assistant Branch Post Master, filed a criminal revision against a Family Court order that enhanced his wife's maintenance from ₹1,000 to ₹6,000 under Section 127 of the CrPC. The parties have been living separately since 1982, and the wife, aged over 60, is wholly dependent on the maintenance. The husband argued that he has no earning capacity or pension and that the enhancement is excessive and illegal. The wife contended that, given her advanced age and lack of income, the increased amount is reasonable and necessary for her livelihood. The High Court examined the facts, noted the wife's dependence and the husband's ownership of agricultural property, and concluded that the Family Court's enhancement was adequate, refusing to interfere and dismissing the revision application.

Issues considered

  • Whether the Family Court's enhancement of maintenance to ₹6,000 under Section 127 CrPC is justified despite the husband's lack of earnings.
  • Whether the High Court should interfere with the Family Court's maintenance order on grounds of excessiveness.

Legislation cited

Subjects

  • maintenance
  • Family Court
  • revision
  • Section 127 CrPC
  • aged spouses
  • superannuation
  • dependence
  • enhancement

Judgment

2026:BHC-AUG:42002
                                                                        927.REVN.168.2024.doc



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                        CRIMINAL REVISION APPLICATION NO. 168 OF 2024

          Bhatu Nawal Patil                                          ...Applicant

                   Versus

          Rajubai Bhatu Patil                                        ...Respondent

                                            ***
           Mr. Sant Tapan Kishor, Advocate for the Applicant.
           Mr. Deshpande Shantanu A., Advocate for the Respondent.
                                            ***

                                                CORAM : SUSHIL M. GHODESWAR, J.
                                                DATE : SEPTEMBER 10, 2026
          PER COURT :

          1.                 The Applicant is challenging the order dated 23 rd May

          2023, passed by the learned Family Court, Dhule, in Petition E No.145

          of 2021 (Old Criminal Miscellaneous Application No.947 of 2017).

          Vide the said order, the learned Family Court was pleased to enhance

          the amount of maintenance from ₹ 1,000/- to ₹ 6,000/-. Feeling

          aggrieved by the said enhancement order, the Applicant–husband has

          approached this Court.


          2.                 Heard Mr. Sant, learned counsel for the Applicant, and Mr.

          Deshpande, learned counsel appearing for the Respondent.



          Shrikant Malani                                                         Page 1 of 4
                                                              927.REVN.168.2024.doc



3.                Mr. Sant, learned counsel for the Applicant, submits that as

on date, the Applicant is aged more than 65 years, whereas the

Respondent–wife is aged more than 60 years. They have been

separated since 1982. Since then, the Applicant has been paying the

maintenance. Earlier, it was granted @ ₹ 150/-, which was

subsequently enhanced to ₹ 1,000/- in the year 2011. Thereafter, the

Respondent again approached the learned Family Court under Section

127 of the Code of Criminal Procedure for enhancement of the

maintenance amount.


4.                The learned Family Court, while considering the cost of

living and other expenses required for maintenance, enhanced the

amount of maintenance from ₹ 1,000/- to ₹ 6,000/-.


5.                Mr. Sant, learned counsel for the Applicant, submits that

the earlier maintenance order was granted by considering the salary

certificate when the Applicant was in service. He submits that the

Applicant was working as an Assistant Branch Post Master; however,

he has now superannuated and he is not having any pensionary

benefits. He further submits that as the Applicant is not receiving any

earnings, the enhancement granted by the learned Family Court is


Shrikant Malani                                                         Page 2 of 4
                                                             927.REVN.168.2024.doc



highly unjustified and excessive. He therefore submits that as there is

no earning capacity of the Applicant, the impugned order is grossly

illegal.


6.                Mr. Deshpande, learned counsel appearing for the

Respondent, submits that the Respondent–wife has been staying

separately since the year 1982 and she is totally dependent upon the

maintenance being granted to her by the learned Family Court. He

further submits that due to her old age, it is very difficult for her to

meet her expenses of livelihood. He further submits that in order to

secure the ends of justice, the impugned order passed by the learned

Family Court deserves to be maintained. He again submits that the

enhancement is highly reasonable and would be sufficient for the

Respondent–wife to maintain herself with that enhancement amount.


7.                After hearing the learned counsel for the parties and going

through the order passed by the learned Family Court, it is found that

the parties are living separately since the year 1982. The Applicant is

also shown to be possessing certain agricultural property. Since both

the parties are aged citizens, particularly the Respondent–wife, who is

totally dependent upon the maintenance granted by the learned Family


Shrikant Malani                                                        Page 3 of 4
                                                             927.REVN.168.2024.doc



Court, I am not inclined to interfere with the order passed by the

learned Family Court. I find that enhancement to ₹ 6,000/- is highly

adequate and proper. Moreover, much leniency has been shown

towards the Applicant, as the learned Family Court, while enhancing

the said amount, has not directed the Applicant to pay the same from

the date of the application.


8.                In that view of the matter, the Application deserves to be

rejected. Hence, the Application is dismissed. No order as to costs.




                                             ( SUSHIL M. GHODESWAR, J. )




Shrikant Malani                                                        Page 4 of 4


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