BABU LAL KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. The opposite party No. 2 who is admittedly the wife or the revisionist filed an application under Sec tion 125, Cr. P. C. in the Court of Addl. prin cipal Judge, Kanpur Nagar claiming main tenance allowance at the rate of Rs. 500 per month on the ground of cruelty and deser tion.

(2.) THE revisionist contested the ap plications made by opposite party No. 2 proved and granted her maintenance al lowance at the rate of Rs. 400 per month from the date of application. Aggrieved by it the husband has come to this Court in revision.

(3.) IN Prem Lata Sahai v. Ram Narain Sahai, 1991 SCC (Criminal) 237 the Supreme Court observed as follows :- "high Court should have shown better awareness of the plight of women and should not have interfered with an order of maintenance passed in favour of the wife by the trial court in exercise of its revisional jurisdiction. There was no warrant for reducing the amount from Rs. 400 per month to Rs. 350 per month. So also the High Court should not have modified the order of the trial court by directing that maintenance should be paid from the date of order of the trial Court. "