GANPAT RAM SAHU Vs. KUMARI BAI AND OTHERS

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) In an application filed under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter called as 'Cr.P.C.') by the non-applicant No.1 herein/wife-Kumari Bai, the Family Court by its order dated 08/06/2005 granted monthly maintenance to the tune of Rs.500/- to the non-applicant No.1/wife and Rs.100/- to nonapplicant No.2/son finding that the relationship between husband and wife is established and non-applicants are unable to maintain themselves.

(3.) Thereafter, non-applicants herein filed an application under Section 127 of the Cr.P.C. for enhancement of maintenance amount, the Family Court by its order dated 22/01/2010 enhanced the maintenance amount and directed that the non-applicant No.1/wife will be entitled for Rs.600/- per month and non-applicant No.2/son will be entitled for Rs.400/- per month. Feeling dissatisfied with the order of the Family Court, non-applicants again filed an application on 18/07/2011 for further enhancement of maintenance amount, whereas applicant/husband has filed an application under Section 125(4) of the Cr.P.C. stating that the non-applicant No.1/wife is not entitled for maintenance.