BHAWANI DEVI Vs. TEJ SINGH & ORS.

JUDGEMENT

(1.) THIS revision is directed against the order dated 06.11.2003, passed by Principal Judge, Family Court, Nainital, in Crimi­nal Misc. Case No. 36 of 2002, whereby said court has dismissed the application of the revisionist, moved under Section 127 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.).

(2.) HEARD learned counsel for the par­ties and perused the papers on record.

(3.) LEARNED counsel for the parties admitted that now respondent No. 1 has retired from service. Learned counsel for the revisionist contended that what is im­portant is the economic status of the par­ties and not the mere fact of retirement. From the perusal of the impugned order it appears that while rejecting the appli­cation for further enhancement, the trial court has accepted the fact that in the year 2002, respondent No. 1 was getting pension at the rate of Rs. 2,010/- per month. On behalf of the revisionist it is further pointed out that during the pendency of this revision the amount of pension of respondent No. 1 has further increased to Rs. 5,884/- per month, as per the record of the office of the Senior Treasury Officer, Nainital. On the other hand, learned counsel for respondent No. 1 submitted that the respondent No. 1 is now an old person and apart from other expenses his medical expenses have also increased. It is further submitted that the revisionist has spent a large amount re­ceived as post retiral dues in the marriage of his daughter.