SARYUBEN Vs. BHARAT KUMAR MUKUNDRAI VYAS

JUDGEMENT

(1.) The present petition is directed against the order passed by the learned City Sessions Judge in Criminal Revision Application No 286 of 1984 which in turn was directed against the order passed by the Chief Metropolitan Magistrate, Ahmedabad in Miscellaneous Criminal Application No. 50 of 1983. The petitioner-wife was married to respondent no. 1 and after six months the marriage went on rocks. The wife filed application under section 25 of the Code of Criminal Procedure for getting maintenance and Rs. 200.00 per month were awarded by way of maintenance. Subsequently by Criminal Miscellaneous Application No. 50 of 1983, the wife prayed for enhancement of the maintenance amount under section 127(1) of the Criminal Procedure Code. The learned Chief Metropolitan Magistrate increased the said amount by Rs. 100.00 and ordered that from Sept., 14, 1982 the maintenance amount should be paid at Rs. 300.00 per month. The wife prayed for Rs. 500.00 per month.

(2.) Being aggrieved by the order of the Chief Metropolitan Magistrate, the petitioner-wife carried the matter before the learned City Sessions Judge who dismissed the petition and concerned with the finding given by the learned Chief Metropolitan Magistrate. It is the said order which is now sought to be challenged by way of this Special Criminal Application.

(3.) Mr. Bharwad, learned advocate appearing for the petitioner-wife urged that in the instant case both the Courts below have failed to appreciate a very significant aspect of evidence. Mr. Bharwad brought it to my notice that as per the evidence on record, both oral and documentary, the income of respondent no. 1 husband was Rs. 2048.92 per month and the maintenance amount was fixed at Rs. 200.00 when the income was only Rs. 1100.00 and inspite of the fact that the husband has in the meanwhile earned substantial increments there is no corresponding rise in the amount of maintenance as fixed by the Courts below. Mr. Bharwad, therefore, urged that the wife's claim of Rs. 500.00 per month quite a modest one and it should have been awarded in toto.