RAVI GOPLA UPADHYAY Vs. URMILA DEVI

JUDGEMENT

(1.) THIS revision under section 397/401 of the Code of Criminal Procedure, 1973, (for short the code) is directed against the judgment and order dated 20th October, 1983, passed by VIII Additional Sessions Judge, Moradabad, allowing the revision filed by Smt. Urmila Devi, opposite party no. 1 enhancing the rate of maintenance from Rs. 250/- to Rs. 500/- per month and rejecting the revision filed by the present applicant against the order dated 4-2-1983 allowing the application of Smt. Urmila Devi, opposite party no. 1 under section 125 of the Code and awarding a sum of Rs. 250/- per month as maintenance payable by the present applicant, the husband to opposite party no. 1, the wife.

(2.) THE bereft of details the facts are these. An application under Section 125 of the Code was filed by opposite party no. 1, the wife on the ground that she was married to the applicant on 10-3-76 and a son Shasta Gopal Upadhyaya was born on 29-1-77. But the applicant refused to maintain her and has turned her out. Hence she filed an application for maintenance claiming at least Rs. 500/- per month.

(3.) SRI Keshav Sahai, learned counsel for the applicant urged that no ground for enhancement of maintenance was made out and as the opposite party no. 1 was M. A., B. Ed., she cannot be said to be unable to maintain herself. Hence the order for enhancement of the maintenance amount was incorrect. At the same time the opposite party no. 1 was able to maintain herself, hence the application for maintenance must have been dismissed. Reliance was placed on Nanak Chand v. Chandra Kishore Agarwal, AIR 1970 SC 446 and Jagjit Kaur v. Jaswant Singh, AIR 1967 SC 1521.