NATWARBHAI MULJIBHAI CHAUHAN Vs. HANSABEN NATWARBHAI CHAUHAN

JUDGEMENT

(1.) Applicant husband has filed this Revision Application u/s. 397 r/w Section 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") and challenged the Judgment and order dated 17.11.2003 passed by the learned JMFC, Vadodara in Miscellaneous Criminal Application No.50 of 2003, wherein the learned JMFC enhanced the amount of maintenance from Rs.300/- p.m. to Rs.500/- p.m. in the proceedings u/s. 127 of Cr.P.C.

(2.) The respondent wife filed an Application u/s. 127 Cr.P.C., 1973, for enhancement of the maintenance awarded by the Court in Criminal Miscellaneous Application No.332 of 1996 from Rs.300/- pm to Rs.1500/- pm on the ground that she had two children out of marriage and they are son Nirav, aged about 19 years and a daughter Parul, aged about 17 years; that both the children stay with husband and son Nirav is earning Rs.2000/- pm; that on account of high cost of living and as she has no source of income other than the amount of maintenance awarded by the Court, she is unable to meet with the expenses and, therefore, the amount of maintenance is required to be enhanced to Rs.1500/- pm.

(3.) The learned trial Judge, after appreciating the evidence before him came to conclusion that though there is no increase of salary of husband, but on account of rise in cost of living and also considering the fact that the husband is paying rs.1200/- pm to the wife in HMP No. 196/97, the amount of maintenance is required to be enhanced to Rs.500/- pm. Therefore, awarded Rs.500/- pm towards the maintenance to the respondent wife from the date of Application and also awarded cost of Rs.500/-. Being aggrieved by the said Judgment and order passed by the learned JMFC the applicant husband has preferred this Revision application.