R DESINGURAJAN Vs. R VIMALA

JUDGEMENT

(1.) THE revision petitioner herein is the husband of the respondent. Originally the respondent filed an application under Section 125 Cr.P.C before the learned Magistrate. In the said proceedings, the maintenance amount of Rs.450/- was ordered to be paid to the respondent. On 17.11.2003, the respondent herein filed an application under Section 127 Cr.P.C, for the enhancement of maintenance amount for a sum of Rs.2500/- per month. After enquiry, the learned Magistrate passed an order directing the petitioner herein to pay enhanced maintenance amount of Rs.1500/- per month from the date of petition to the date of the order and thereafter to pay a sum of Rs.2500/- per month as maintenance amount to the respondent. Aggrieved by the said order passed by the learned Magistrate, the petitioner herein has preferred this criminal revision petition.

(2.) THE learned counsel for the petitioner submitted that the respondent herein was residing with her mother and her father was owning a house and a tea estate and from that property, the respondent's family is getting an income of Rs.5000/- per month and the learned Magistrate has not taken into account the said income while enhancing the maintenance amount. THE learned counsel for the petitioner further submitted that though the salary of the petitioner is Rs.11, 180/- , his basic pay is only Rs.4, 100/- and the petitioner is residing with his mother. THE learned counsel for the petitioner also submitted that the maintenance amount enhanced is very high.

(3.) IN the result, this Court confirms the order passed by the learned Magistrate with regard to the payment of Rs.1500/- per month maintenance amount from the date of petition to the date of order passed by the learned Magistrate, and thereafter, the petitioner has to pay a sum of Rs.2000/- per month as maintenance amount to the respondent herein.