MAHESH BABU Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed by Mahesh Babu-husband of the opposite party No. 2 impugning the judgment and order dated 29.6.2009 passed by the Judicial Magistrate, Konch, Jalaun at Orai, by which the learned Magistrate enhanced the amount of maintenance from Rs. 500/- to Rs. 4,500/- as payable to Smt. Hans Mukhi alias Hemlata, opposite party No. 2 in this revision.

(2.) The facts, as are discernible from the papers filed in this revision, in brief, are that in Criminal Case No. 9/93, Smt. Hans Mukhi alias Hemlata v. Mahesh Babu, an amount of Rs. 500/- was allowed as maintenance to Smt. Hans Mukhi alias Hemlata under the provisions of Section 125 of Code of Criminal Procedure, vide order dated 28.4.1994 passed by Principal Judge, Family Court, Jhansi.

(3.) As is evident from the impugned judgment, a decree of divorce between the parties was passed on 6.3.1981 by the District Judge, Etawah and as such, the revisionist and opposite party No. 2 have ceased to be husband and wife.