MANJU Vs. PRAKASH CHANDRA JOSHI

JUDGEMENT

(1.) None for the parties, even in the revised list. Present revision is filed assailing the judgment and order dated 02.06.2009 passed by Judge, Family Court, Nainital whereby trial court was pleased to reject the application moved by respondent wife under Section 127 Cr.P.C. for enhancement of monthly maintenance.

(2.) Brief facts of the present case, inter alia, are that revisionist wife earlier moved an application under Section 125 Cr.P.C. seeking maintenance from respondent being Criminal Misc. Application No. 483 of 1996 before Family Court, Nainital. This application was disposed of by the Judge, Family Court, Nainital vide order dated 13.04.1998 in terms of compromise arrived at between the parties. As per the terms of compromise, it was agreed between the parties, that husband respondent shall pay Rs. 450/- per month to his wife as maintenance. It was specifically mentioned in the compromise that wife has kept her right reserved to claim maintenance in the proceeding pending before Lucknow Court under Section 9 of the Hindu Marriage Act.

(3.) Thereafter, revisionist wife moved an application under Section 127 Cr.P.C. for enhancement of monthly maintenance from Rs. 450/ to Rs. 5000/- stating therein that now respondent husband is getting monthly salary @ Rs. 25,000/- per month.