LAXMAN SINGH Vs. KAILASHI DEVI & ANOTHER

JUDGEMENT

(1.) The present applicant has challenged the order dated 06.02.2016 passed in Criminal Revision No. 13 of 2015 by the District & Sessions Judge, Uttarkashi by which on an application moved by the respondents (wife and daughter of the present applicant), the earlier maintenance of Rs. 750/- (Rupees Seven Hundred Fifty Only) per month to the wife has been increased to Rs. 1250/- (Rupees One Thousand Two Hundred Fifty Only) per month and the maintenance of the daughter has been enhanced from Rs. 500/- (Rupees Five Hundred Only) per month to Rs. 1000/- (Rupees One Thousand Only) per month, under exercise of his power under Section 127 of Cr.P.C..

(2.) The bare facts of the case are that the wife/respondent no. 1, for the first time, moved an application under Section 125 Cr.P.C. in the year 2002 before the learned Judicial Magistrate, Uttarkashi by which a maintenance of Rs. 500/- (Rupees Five Hundred Only) per month to the wife and Rs. 300/- (Rupees Three Hundred Only) per month each to the two minor daughters was fixed by the court concerned. Thereafter, respondent no. 1 moved another application under Section 127 Cr.P.C. before the court concerned on 06.02.2010 for enhancement of maintenance. On the said application the maintenance was enhanced from Rs. 500/- (Rupees Five Hundred Only) per month to Rs. 750/- (Rupees Seven Hundred Fifty Only) per month of the wife and from Rs. 300/- (Rupees Three Hundred Only) per month to Rs. 500/- (Rupees Five Hundred Only) per month each in favour of the two daughters. Meanwhile, one of the daughters was married and thereafter, the wife/respondent No. 1 has moved an application under Section 127 of Cr.P.C. before the court concerned for enhancement of maintenance in the year 2014, which was initially rejected by the learned Magistrate, but in revision, it has been enhanced from Rs. 750/- (Rupees Seven Hundred & Fifty Only) per month to Rs. 1250/- (Rupees One Thousand Two Hundred & Fifty Only) per month in favour of the wife/respondent No. 1 and from Rs. 500/- (Rupees Five Hundred Only) per month to Rs. 1000/- (Rupees One Thousand Only) per month in favour of respondent No. 2 (minor daughter) vide order dated 06.02.2016. Aggrieved by the said order, the applicant preferred the present application under Section 482 Cr.P.C. invoking the inherent jurisdiction of this Court.

(3.) From the perusal of the records it appears that the court has discussed the matter at length and given a finding that the applicant has an apple orchard and he is also an Agriculturist and these are his additional sources of income. Apart from that, the applicant also earning some amount by working. Moreover, the daughter is staying with his wife/respondent No. 1 and she is the only minor daughter to be care of looked after and her entire expenses have to be borne by the wife.