MAYANDI Vs. ANANTHAMMAL

JUDGEMENT

(1.) NOTICE before admission was ordered and served on the respondent. The respondent is represented by a counsel. The present criminal revision case has been filed against an order of the learned Chief Judicial Magistrate, Tirunelveli made in M.C.No.47 of 2009 on 19.04.2011 enhancing the monthly maintenance amount awarded by the said court in the earlier order from Rs.450.00 to Rs.1,250.00.

(2.) THE said order came to be passed in a petition filed under section 127 Cr.P.C seeking enhancement of monthly maintenance amount, challenging the said order on the ground that the order is too onerous for the petitioner as he has been directed to pay a major chunk of his income derived as a pensioner. The respondent, who has entered appearance through counsel resists this revision contending that the meagre amount of Rs.1,250.00 awarded as monthly maintenance to the respondent cannot be said to be unreasonable or excessive.

(3.) THE respondent Ananthammal is the divorced wife of the petitioner Mayandi. After such divorce, the respondent filed a petition under section 125 Cr.P.C, in which, an order came to be passed on 20.1.1989 directing payment for a sum of Rs.250.00 per month as maintenance to the respondent herein. The said amount was enhanced to Rs.450.00 by an order dated 4.2.2003. Due to the escalation of the prices of commodities and the standard of living, expressing the said amount to be insufficient, the respondent again approached the learned Chief Judicial Magistrate, Tirunelveli for enhancement of the maintenance amount under section 127 Cr.P.C. The learned Chief Judicial Magistrate, Tirunelveli, after hearing, passed the impugned order directing the petitioner to pay maintenance to the respondent at the rate of Rs.1,250.00 per month. The said order is sought to be challenged in the revision.