KULDEEP KAUR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed by Smt. Kuldeep Kaur, wife of Sardar Surendra Pal Singh and Km. Kulvindar Kaur @ Nancy, daughter of Sardar Surendra Pal Singh against the order dated 14.10.2009 passed by Principal Judge, Family Court, Kanpur Nagar, in case No. 25 of 2002, under section 127 Cr.P.C. (Smt. Kuldeep Kaur and another vs. Sardar Surendra Pal Singh), by which learned court below has directed respondent no. 2 to pay enhanced amount Rs. 2500/- per month to Smt. Kuldeep Kaur, wife and Rs. 1500/- per month to Km. Kulvindar Kaur @ Nancy.

(2.) A perusal of the record reveals that previously an application under section 125 Cr. P. C., case No. 378 of 1991 Smt. Kuldeep Kaur and another vs. Sardar Surendra Pal Singh was decided ex-parte on 30.11.1993, by which respondent No. 2 was directed to pay Rs. 5,00/- per month to the wife and Rs. 2,00/- per month to the minor daughter. Later on an application under section 127 Cr.P.C. was moved for enhancing of the maintenance amount for the minor daughter, which was listed as 378 of 1991, which also was ex-parte allowed on 01.05.1997 and the maintenance for the daughter was enhanced to Rs. 400/- per month. The wife and daughter had again moved an application under section 127 Cr.P.C. , case No. 25 of 2002 for enhancement of the maintenance amount for wife and unmarried daughter. It was prayed that Rs. 5,000/- per month be directed to be paid to the wife and Rs. 5000/- per month be directed to be paid to the unmarried daughter. This application was decided on 24.07.2004, by which the maintenance for the wife was enhanced to Rs. 1,200/- per month and for minor daughter, it was enhanced to Rs. 800/- per month. Respondent No. 2 filed a criminal revision No. 3579 of 2004 in this Court and this Court has allowed the revision, remanded the matter for fresh hearing and order, vide order dated 30.03.2007 and it was directed that enhancement order be passed after considering the evidence available on record. After the remand, both parties appeared in the court and produced their evidence. Learned court below after hearing the parties passed the impugned order. Feeling aggrieved by inadequate enhancement in maintenance amount, present revision has been filed.

(3.) I have heard Sri Chandra Keshwar Singh, learned counsel for the revisionists and also learned AGA for the State.