NARHARIPRASAD H JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE revision application by the husband challenging the order of the learned Sessions Judge who has enhanced the maintenance amount from Rs. 300/ - p. m. to Rs. 500/ - p.m. is the subject matter of this criminal revision application. The spouses separated more than a decade and half age. On an application made by the respondent wife in the year 1969, the learned City Magistrate, 3rd Court, Ahmedabad awarded a sum of Rs. 50 p. m. by way of maintenance to the wife. Thereafter, she filed an application under Section 127 for enhancement of the maintenance in the year 1983. The learned Metropolitan Magistrate enhanced the maintenance to Rs. 300/ - per month. The wife being aggrieved by the meagreness of the enhancement, approached the Sessions Court and the learned Sessions Judge hold that its. 500/ - p.m. would be awardable to her. He accordingly passed an order to that effect.

(2.) MISS Shah, the learned Advocate appearing for the petitioner husband urged that there was no basis for the learned Sessions Judge to come to the, conclusion that the husband was having a fabulous income from agricultural operation. However, according to Miss Shah the husband who is working as an Auditor has an income of Rs. 1,500/ - from that source and this Rs. 1,500/ - is the net pay packet. In addition to this, the husband is also having 5 acres of agricultural land at a fertile place in Mehsana and on top of it he is affording a luxury of keeping a concubine and hence his wife having been deserted shall have to be maintained in the same manner which is commensurate with the status and income of the husband and in that view of the matter, the order of the learned Sessions Judge does not suffer from any infirmity. It is also contended by Miss Shah that in a revision application the learned Sessions Judge could not have interfered with the order of the Magistrate. However, if the learned Magistrate had shut his eyes to this particular aspect of the matter, then it would tantamount to an error of law which the learnd Sessions Judge could have and he very rightly corrected. In this view of the matter, there is no substance in the matter and it is dismissed at the admission stage. Application dismissed.