[Cites 4, Cited by 0]
Bombay High Court
Shaikh Aref Shaikh Mahemud vs Rubina Bano Shaikh Aref And Another on 30 January, 2026
2026:BHC-AUG:3890
CRI-REVN-225-2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO. 225 OF 2025
WITH
CRIMINAL APPLICATION NO.2629 OF 2025
Shaikh Aref S/o. Shaikh Mahemud,
Age : 52 years, Occu. : Service,
R/o. General Hospital Quarter, General Hospital,
Jalna - 431 213 ... Applicant
[Orig. Respondent]
Versus
1. Rubina Bano W/o. Shaikh Aaref,
Age : 44 years, Occu. : Household,
R/o. C/o. Mansoor Baig, Jay Nagar,
Reogaon Road, Jalna,
Tq. & Dist. Jalna - 431 203.
2. Ku. Arbina Bano D/o. Shaikh Aaref,
Age : 21 years, Occu. : Tuition/Classes,
R/o. C/o. Shaikh Salman Shaikh Kayyum,
Civil Hospital Quarter, Beed,
Tq. and Dist. Beed. ... Respondents.
[Orig Applicant]
AND
CRIMINAL REVISION APPLICATION NO. 216 OF 2025
Shaikh Aref S/o. Shaikh Mahemud,
Age : 52 years, Occu. : Agri.,
R/o. General Hospital Quarter, General Hospital,
Jalna - 431 213 ... Applicant
[Orig. Applicant]
Versus
1. Rubina Bano W/o. Shaikh Aref,
Age : 44 years, Occu. : Tailoring,
R/o. C/o. Mansoor Baig, Jay Nagar,
Reogaon Road, Jalna,
Tq. & Dist. Jalna - 431 203.
CRI-REVN-225-2025
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2. Arbina Bano D/o. Shaikh Aref,
Age : 21 years, Occu. : Tuition/Classes,
R/o. C/o. Shaikh Salman Shaikh Kayyum,
Civil Hospital Quarter, Bashriganj, Beed,
Tq. and Dist. Beed. ... Respondents.
[Orig Respondents]
.....
Mr. Sayed Rahmat Ali Hamidali, Advocate for Applicant/Petitioner.
Mr. L. S. Shaikh, Advocate for Respondent Nos.1 and 2.
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 28 JANUARY 2026
PRONOUNCED ON : 30 JANUARY 2026
ORDER :
1. The revisionist husband hereby takes an exception to the
orders dated 10.04.2025 below Exh.01 passed by learned Family
Court, Jalna in Cri. M.A. No. 08 of 2023 preferred by present
respondents by invoking section 127 of Cr.P.C.
2. Criminal Miscellaneous Application came to be instituted
by wife on the premise that, she was wife of revision petitioner and
respondent no.2 was born out of their wedlock and cohabitation. She
asserted that, she had filed Criminal Miscellaneous Application
No.441/2009 way back in 2009 and she and her daughter were
awarded maintenance amount of Rs.1200/- and 1000/-, respectively.
That, against it, revision was preferred, but same came to be
dismissed. Thereafter, she filed Cri. Misc. Application No.08 of 2023
CRI-REVN-225-2025
under section 127 of Cr.P.C. contending that since grant of
maintenance in 2009, there is considerable rise in the prices of
essential commodities and there is huge inflation. Moreover, salary of
husband by virtue of 7th pay commission has substantially increased
and therefore, enhancement to the tune of Rs.10,000/- per month for
each of the applicants was prayed for.
The proceedings were opposed by present revisionist
husband and after appreciating the oral and documentary evidence,
learned Family Court, Jalna was pleased to partly allow the
application enhancing previous maintenance to Rs.6,000/- per month
to each of the applicants.
Feeling aggrieved by the above, revision petitioner
husband has come up by way of revision.
3. This being revision, while exercising powers under
section 397 of Cr.P.C., this court is merely expected to test the
legality, propriety or illegality in the findings recorded by learned
trial court. Such powers are to be exercised to prevent miscarriage
of justice and when there are glaring errors on the face of order or
there is failure and non compliance of law. Re-appreciation is to be
avoided unless findings are patently perverse and as such, is the
narrow scope of revisional court. Law regarding the scope of revision
CRI-REVN-225-2025
is elucidated in catena of judgments. Though there are catena of
judgments, the landmark judgment of Amit Kapoor v. Ramesh
Chander and another (2012) 9 SCC 460 is relied and the relevant
observations therein are borrowed and quoted as under :
"12. Section 397 of the Code vests the court with the power to
call for and examine the records of an inferior court for the
purposes of satisfying itself as to the legality and regularity of
any proceedings or order made in a case. The object of this
provision is to set right a patent defect or an error of jurisdiction
or law. There has to be a well -founded error and it may not be
appropriate for the court to scrutinise the orders, which upon the
face of it bears a token of careful consideration and appear to be
in accordance with law. If one looks into the various judgments
of this Court, it emerges that the revisional jurisdiction can be
invoked where the decisions under challenge are grossly
erroneous, there is no compliance with the provisions of law, the
finding recorded is based on no evidence, material evidence is
ignored or judicial discretion is exercised arbitrarily or
perversely. These are not exhaustive classes, but are merely
indicative. Each case would have to be determined on its own
merits.
13. Another well-accepted norm is that the revisional jurisdiction
of the higher court is a very limited one and cannot be exercised
in a routine manner. One of the inbuilt restrictions is that it
should not be against an interim or interlocutory order. The
Court has to keep in mind that the exercise of revisional
CRI-REVN-225-2025
jurisdiction itself should not lead to injustice ex facie. Where the
Court is dealing with the question as to whether the charge has
been framed properly and in accordance with law in a given
case, it may be reluctant to interfere in exercise of its revisional
jurisdiction unless the case substantially falls within the
categories aforestated. Even framing of charge is a much
advanced stage in the proceedings under the Cr.PC."
Keeping the above settled legal position on record,
evidence and impugned orders are put to scrutiny.
4. Heard both sides. Here, case set up before this court is
that, learned trial court erred in enhancing the compensation, his
thrust is that, respondent daughter has now become major and
moreover, from the evidence of wife, it was clear that said daughter
was staying with her grandmother that too at Beed, and therefore, in
view of above, learned counsel finds fault in the enhancement of
compensation in favour of wife and daughter.
5. As stated above, after separation, present respondent
wife for herself and on behalf of the their minor daughter,
maintenance was claimed by Cri. M. A. No. 441/2009. By invoking
section 127 Cr.P.C. enhancement was sought in 2023 i.e. after 12 to
13 years. In initial proceedings, maintenance of Rs.1200/- and
Rs.1,000/- was granted and also attempt of present respondents to
CRI-REVN-225-2025
get more compensation by way of revision went futile. Apparently,
now after almost more than a decade and when husband is shown to
be in government service, there is definitely rise in his income. He
has not denied he is beneficiary of 7 th pay commission. Evidence in
trial court shows that, he has admitted that he receives the salary to
the tune of Rs.79,979/-.
6. Section 127 Cr.P.C. contemplates enhancement which by
virtue of change in circumstance enables a party to invoke such
provision for more and better maintenance. There is definitely rise in
prices as well as expenses for living. Therefore, the initial quantum of
Rs.1200/- or Rs.1000/- is apparently meager. In revision, as stated
above, only two points are pressed into service. That, there was no
evidence about income of husband and moreover respondent no.2
daughter has attained the majority. However, merely because
daughter has grown by age and when she is shown to be still
unmarried, definitely, she is entitled to receive financial support. Her
mere stay at distinct place would not disentitle from seeking
maintenance.
CRIMINAL REVISION APPLICATION NO. 216 OF 2025 :
7. In Criminal Revision Application No. 216 of 2025, there
is challenge to order of dismissal of Criminal M.A. No.7 of 2023 dated
10.04.2025.
CRI-REVN-225-2025
8. Facts about parties to be married and having daughter is
not disputed. Respondent wife resides with daughter is also not in
dispute. Order of learned trial court granting enhanced compensation
to wife and daughter, is sought to be cancelled by instant application.
9. Learned counsel submitted that, wife left his company
without any cause and rather she deserted him. That, daughter has
also now become major. That, he has his own son from another
marriage and mentally challenged sister to take care of. That apart,
he has his own health issues like hypertension and cardiac decease.
Further, there are various loans borrowed from credit society,
personal loan and is required to pay regularly EMI for the same.
That, after necessary deductions, he received only Rs.9,135/- and he
has also to run his own house for maintaining son and sister. That,
moreover, wife by doing tailor work has earned sufficient means to
maintain herself and therefore, he urged for cancellation of order of
enhancement.
10. The above application seems to be fall out of enhanced
maintenance granted by learned family court, Jalna. While deciding
enhanced application, evidence of parties was correctly appreciated
by said court. Undisputedly, revision petitioner is in Government
service. Initial maintenance granted in 2009 was enhanced in 2023
i.e. almost after a decade and learned Family Court took judicial note
CRI-REVN-225-2025
of the rising prices and bear minimum necessities for survival.
Taking into account the rise in salary by virtue of 7 th pay commission
and on his admission about he receiving Rs.79,979/-, maintenance
has been fixed to the tune of Rs.6,000/- per month each to the wife
and daughter, which is apparently not excess or exorbitant.
Therefore, there is no error on the part of learned Family Court in
rejecting the application for cancelling enhancement so as to
interfere by way of revision.
11. There being no merit in both the revisions, and no
perversity being brought to the notice of this court so as to interfere,
the same are deserves to be dismissed. Hence, the following order is
passed :
ORDER
(a) Both Criminal Revision Applications stand dismissed.
(b) In view of dismissal of Revision Applications itself,
nothing survives in the pending criminal application,
and the same is disposed of.
(ABHAY S. WAGHWASE, J.)
Tandale
