MAYA KASHYAP Vs. JAMUNA PRASAD KASHYAP

JUDGEMENT

(1.) Both these Criminal Revisions arise out of the same order dated 26.03.2018, passed in M.J.C. No.25 of 2018, dismissing the application under Section 127 Cr.P.C. filed by the applicant and in M.J.C. No.24/2018.

(2.) The applicant and the respondent were married to each other, who are now divorced. The applicant had earlier filed an application under Section 125 Cr.P.C., which was registered as M.J.C. No.71 of 2010, in which vide order dated 02.05.2010, the order was passed by the Family Court granting maintenance of Rs.3,500/- to the applicant to be paid by the respondent every month. At the subsequent stage, the applicant- Maya Kashyap filed an application under Section 127 of Cr.P.C. which is M.J.C. No.25 of 2018 praying for enhancement in the amount of maintenance granted and respondent filed an application under Section 125(4) of Cr.P.C. that applicant is now living in adultery and further, she herself is earning livelihood and capable to maintain herself, therefore, the applicant has lost entitlement for grant of maintenance. Both these applications have been decided by the impugned order in which the prayer of the respondent under Section 125(4) of Cr.P.C. was allowed and on that basis, the order dated 02.05.2010 in M.J.C. No.71 of 2010 has been set aside.

(3.) It is submitted by the learned counsel for the applicant that the order of maintenance was passed in the year 2010, subsequent to which, because of the rise in the price index and inflation, the applicant has entitlement for enhancement maintenance. The learned Family Court has not appreciated the same and committed error in the holding that the applicant is not entitled for enhancement in maintenance.