Maintenance modification turns on real earning capacity beyond declared income, and effective date remains a matter of judicial discretion.

In modification proceedings for maintenance, real earning capacity may be assessed beyond the income shown in tax returns, with courts considering overall financial capacity, assets, past earnings, social status, medical needs, and the standard of living enjoyed during marriage. On that basis, the maintenance quantum was increased to Rs. 25,000 per month with a 5% rise every two years. The governing provision does not fix a mandatory effective date for alteration of maintenance, so the date of operation remains a matter of judicial discretion on the facts. The modified maintenance was therefore made effective from the date of the impugned order.

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Issues: (i) Whether the reduction in maintenance ordered under Section 127 of the Code of Criminal Procedure, 1973 was sustainable; (ii) Whether the reduced maintenance ought to operate from the date of the order or from the date of retirement.

Issue (i): Whether the reduction in maintenance ordered under Section 127 of the Code of Criminal Procedure, 1973 was sustainable.

Analysis: Maintenance was assessed on a holistic view of the parties' respective financial capacity, actual income, past earnings, assets, social status, medical needs, and the standard of living enjoyed during marriage. The income reflected in income-tax return could not be treated as conclusive, and the Court was entitled to look beyond declared income to ascertain real earning capacity. On that basis, the quantum fixed by the Magistrate was re-evaluated.

Conclusion: The reduction to Rs. 20,000 per month was not sustained, and the maintenance was enhanced to Rs. 25,000 per month with a 5% increase every two years.

Issue (ii): Whether the reduced maintenance ought to operate from the date of the order or from the date of retirement.

Analysis: Section 127 of the Code of Criminal Procedure, 1973 does not prescribe a fixed effective date for modification of maintenance, leaving the operative date to judicial discretion on the facts of the case. No ground was found to disturb the date fixed by the Magistrate.

Conclusion: The order was upheld to the extent that the modified maintenance would take effect from the date of the impugned order.

Final Conclusion: The maintenance amount was modified upward while the operative date remained unchanged, and the connected revisions were disposed of accordingly.

Ratio Decidendi: In proceedings for modification of maintenance, the Court may assess real financial capacity beyond declared income and may fix the effective date of alteration in the absence of a statutory mandate, exercising discretion on the facts of the case.

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