GOWRAMMA Vs. LAXMIKANTHIAH

JUDGEMENT

(1.) Challenge in this petition is to an order passed by the learned Sessions Judge, allowing in part, a revision petition filed by the respondent, under S.397 Cr.P.C. The Magistrate at Koratagere had directed the respondent to pay maintenance to the petitioner, at the rate of Rs. 3,000/- p.m. from 02.02.2009. Assailing the said order, the criminal revision petition was filed.

(2.) The material facts to be stated for deciding of this petition are, that the petitioner and her son had filed C.Mis.No.23/1994 against the respondent. After contest, the petition was allowed on 04.11.1995 and each of the petitioners therein was held entitled to the payment of maintenance at Rs. 300/- p.m.

(3.) After a lapse of about ten years, alleging change in circumstances, C.Mis.No.55/2006 was filed by the petitioner, under S.127(1) of Cr.P.C. to enhance the maintenance amount to Rs. 3,000/- p.m. and direct the respondent to pay the same. The petition having been stoutly contested, during the proceedings before the learned Magistrate, the wife ' petitioner examined herself and the respondent ' husband examined himself. Learned Magistrate finding that the salary income of the respondent as gone up and that the cost of living has also escalated in the intervening period i.e., after the order in C.Mis.No.23/1994 was passed, further finding that there is no other dependent on the income of the respondent, passed an order dated 02.02.2009, allowing the petition and directing the respondent to pay maintenance amount at the rate of Rs. 3,000/- p.m.