The order of the family court, Vadakara dated 04.01.2014 in C.M.P.No.405 of 2013, enhancing the amount of maintenance awarded in M.C.No.111 of 2006 is under challenge in this revision. On change of circumstances from the date of the original order in 2010, the wife of the revision petitioner sought enhancement of the amount of `1,500/- to `5,000/- and she also sought enhancement of the amount of `1,000/- ordered to the child to `6,000/-. 2. The revision petitioner entered appearance in the proceedings brought under Section 127 of the Code of Criminal Procedure and resisted the claim for enhancement. However, when the matter came up for trial he could not appear in court and cross examine the first respondent. In such a situation, the affidavit filed by her in lieu of examination in chief was accepted by the court, and the amount of maintenance was enhanced to `2,500/- to the first respondent and `3,000/- to the second respondent. Now the revision petitioner seeks an opportunity to contest the matter and to have a decision on merits.
3. When this revision petition came up for hearing the learned counsel for the revision petitioner made a request to remand the matter to the trial court for decision afresh after granting an opportunity to the revision petitioner to cross examine the first respondent and also for recording evidence. I find that an opportunity can be granted to the revision petitioner on condition that he will have to make provisional enhancement till the matter is decided on merits. I feel that `2,000/- each to the mother and the child will be reasonable as provisional enhancement under Section 127 of Cr.P.C. till the matter is decided on merits after hearing both the sides. This course is agreeable to the other side, provided payment shall be promptly made.
4. In the result this revision petition is allowed. The impugned order of the trial court in C.M.P.No.405 of 2013 dated 04.01.2014 is hereby set aside and the petition is remanded to the trial court with direction to decide the petition afresh after granting opportunity to the revision petitioner to cross examine the first respondent and also to adduce his own evidence in the matter. This revision is allowed on condition that the revision petitioner shall make a provisional enhancement in the amount of maintenance @ `2,000/- each to the respondents from the date of filing of the application for enhancement. The amount due till this date, at the said rate shall be deposited in the trial court within two months, and the revision petitioner will continue to make payment in future at the said rate, till decision is taken on merits in C.M.P.No.405 of 2013 by the trial court. The first respondent is permitted to withdraw the amount due to the second respondent also. Parties will appear before the trial court on 01.07.2014. The trial court is directed to expedite the matter and dispose of the claim for enhancement as expeditiously as possible.
AMV/24/5/ Sd/- P.UBAID, JUDGE /TRUE COPY/ P.A.TO JUDGE