Here is a son aggrieved by the order of maintenance in favour of his father made under Section 127 Cr.P.C. The father initially claimed maintenance in 2009 before the Family Court, Palakkad. In M.C No.159/2009 the Family Court directed the revision petitioner to pay maintenance to his father under Section 125 Cr.P.C at the rate of ₹1,500/- per month. The said order was passed on 3.12.2009. In 2011 the father brought M.C.No.209/2011 under Section 127 Cr.P.C claiming enhancement to ₹8,000/-. The son entered appearance and made contest on the ground that he does not have that much income and that the father himself has income of his own from fixed deposits and other resources.
2. The trial court conducted an enquiry in the matter and heard both sides. On 30.5.2013 the trial court passed orders making enhancement of maintenance from ₹1,500/- to ₹2,500/-
per month, payable from the date of filing of the petition for enhancement (11.7.2011). The son is aggrieved by the said order, and he challenges the legality and propriety of the order in revision.
3. On hearing both sides, and on a perusal of the case R.P(FC) No.251 of 2013 2 records, I find that some modification can be made in the impugned order, regarding the date from which the amount is payable. Of course, the father is now aged more than 70 years, and there is nothing will show that he has any definite property or any definite source except some cash deposits in the Bank. On a consideration of this particular aspect, I feel that the amount can be payable from the date of order and not from the date of petition. As regards the amount enhanced by the trial court, I find no reason for interference because the father will have his own expenses and requirements at the age of 70 years. However, with the above modification, this revision can be disposed of, without causing any prejudice or hardship to the father, who has admittedly some income from fixed deposits in Banks. I feel that the amount enhanced by the trial court can be made payable from the date of order (30.5.2013). With this slight modification this revision petition can be disposed of.
In the result, this revision petition is disposed of, confirming the order of maintenance enhanced by the trial court, but with a modification that the amount of maintenance shall be payable from the date of order (30.5.2013).
Sd/- P.UBAID JUDGE ab //True Copy//