PRAHALAD SINGH Vs. PRINCIPAL JUDGE FAMILY COURT

JUDGEMENT

(1.) This criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) is directed against the judgment and order dated 4.10.2005 passed by the Principal Judge, Family Court, Dehradun in Criminal Case No. 212/2002, Smt. Birkha Devi & Anr. v. Prahalad Singh u/s 127 CrPC, whereby the learned court below has enhanced the maintenance amount and directed the revisionist to pay Rs. 1000/- per month to respondent no. 2 and Rs. 500/- per month to respondent no. 3 instead of Rs. 300/- and Rs. 150/- per month respectively with effect from the date of the said order.

(2.) Briefly stated facts of the case are that the respondent no. 2 is the divorced wife of the revisionist. Respondent no. 2 had filed an application for maintenance under Section 125 CrPC which was allowed by the Special Magistrate (CBI), Dehradun vide order dated 4.4.1991 and the revisionist was directed to pay the monthly maintenance of Rs. 300/- to the respondent no. 2 and Rs. 150/- to respondent no. 3. Thereafter the respondents no. 2 and 3 moved an application under Section 127 CrPC for enhancement of the maintenance amount on the ground of increase in the income of the revisionist as well as increase in the expenditure of the respondents no. 2 & 3.

(3.) After hearing learned Counsel for the parties and after appreciating the evidence on record and considering the facts and circumstances of the case, learned Principal Judge, Family Court vide his judgment and order dated 4.10.2005 allowed the aforesaid application of the respondents no. 2 & 3 and directed the revisionist to pay Rs. 1000/- per month to respondent no. 2 and Rs. 500/- per month to respondent no. 3 instead of Rs. 300/- and Rs. 150/- per month respectively with effect from the date of the said order. Hence, this revision has been filed by the revisionist.