T KTHAYUMANUVAR Vs. ASANAMBAL AMMAL

JUDGEMENT

(1.) The petitioner has come up in revision against the order of the learned City Magistrate, Bangalore, in Criminal Miscellaneous Case No. 393 of 1957, wherein he enhanced the maintenance to be paid by the petitioner from Rs. 8/- to Rs. 50/- per month.

(2.) In order to appreciate the contentions advanced from the Bar, it is necessary to state the facts of the case briefly.

(3.) The petitioner married the respondent in about 1913. Later he took a second wife. The respondent filed an application under Section 488 Cr.P.C., as per Cr. Mis. No. 157 of 1938-39 on the file of the learned City Magistrate, Bangalore, claiming maintenance from the petitioner on the ground that he has neglected and refused to maintain her. In the course of the enquiry of the said petition, the parties represented to the Court that they had agreed that the petitioner should pay to the respondent maintenance at the rate of Rs. 10/- per month till his retirement from service and at the rate of Rs. 8/- per month after his retirement. An order under Section 488 Cr.P.C. was accordingly passed. The petitioner has been paying the respondent at that rate. Now the respondent has come up with an application under Section 489 Cr.P.C. alleging that there has been considerable change of circumstances and hence the rate at which the maintenance had been granted to her should be enhanced. She alleged that the petitioner has now acquired large properties from which he is getting considerable income. It is also alleged that he is having extensive private practice. At the same time it is urged that the respondent who was depending on her father has now been deprived of that assistance in view of the death of her father. Even her sister who was assisting her is not in a position to do so at present. The learned Magistrate, who went into the matter has been pleased to enhance the rate of maintenance from Rs. 8/- to Rs. 40/- per month. He has also directed the petitioner to pay the respondent at the rate of Rs. 10/- per month for her medical and clothing expenses. It would he correct to say that he has altered the rate of maintenance from Rs. 8/- to Rs. 50/- per month. He has further directed that the altered rate should be effective from the date of the application of the respondent. Further the petitioner has been directed to pay the respondent a sum of Rs. 258.00 nP. as costs.