SMT. PRAMILA Vs. BABAU PANDEY

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 30.5.2008 passed by Principal Judge, Family Court, Moradabad, in Criminal Misc. Case No. 110 of 2003 (Smt. Pramila v/s. Babau Pandey), wherein an application under Sec. 127 Code of Criminal Procedure has been allowed and the Respondent has been directed to pay Rs. 1000/ -per month as maintenance allowance instead of Rs. 500/ -per month as provided in the order dated 13.8.2003.

(2.) I have heard Shri Rajeev Lochan Shukla, learned Counsel for the revisionist and Shri K.D.S. Chanchal, learned Counsel for the Respondent and perused the record.

(3.) It transpires from the record that an application under Sec. 127 Code of Criminal Procedure was moved by the revisionist in the court below for enhancement of maintenance allowance with this allegation that she had instituted Case No. 51/12 of 1992 for maintenance allowance under Sec. 125 Code of Criminal Procedure in which a sum of Rs. 500/ -was directed to be paid as maintenance allowance. The revisionist instituted Criminal Misc. Case No. 110 of 2003 under Sec. 127 Code of Criminal Procedure for enhancement of maintenance allowance from Rs. 500/ -to Rs. 5000/ -in view of the fact that her father, who used to maintain her, retired from service and due to increase in the cost of living it became impossible to maintain herself out of meagre amount of Rs. 500/ -per month, while the Respondent used to earn Rs. 20,000/ -per month.