SK CHAND Vs. KU RUKAYA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard by the consent of the learned Counsel appearing for the respective parties.

(2.) By this petition, the petitioner questions the impugned judgment delivered by the learned Sessions Judge, Akola in Criminal Revision Application No.133 of 2009 along with Criminal Revision No.156 of 2009 decided on 31.8.2009. The Revision Application arose from the order dt.30.4.2009 passed in Misc. Criminal Case No.763 of 2008 by the learned Judicial Magistrate, First Class, Akola.

(3.) It appears that the dispute between the parties has a checkered history since the year 1992 when the application for maintenance was preferred for the first time. It appears that, in Criminal Revision No.108 of 1993, which was preferred by respondent no.1 herein along with her mother Meharunnissa, the learned Sessions Judge, Akola, by an order dt.31.3.1995, had directed the petitioner herein to pay maintenance in the sum of Rs.250/- p.m. to Meharunnissa and Rs.250/- p.m. to respondent no.1 herein along with costs of the proceedings in the sum of Rs.300/- p.m. It appears that respondent no.1 had moved an application u/s.127 of the Code of Criminal Procedure with a prayer for enhancement in the quantum of maintenance. The learned J.M.F.C. Court No.2, Akola by a reasoned judgment and order dt.30.4.2009, upon proof of change in the circumstances to the effect that the petitioner is working as a teacher in Zilla Parishad Marathi Purva Madhyamik Shala, Satgaon (Bhusari), Tq.Chikhali, District Buldana and earning salary in the sum of Rs.11,500/- p.m. and also considering the submissions in detail, enhanced maintenance amount in the sum of Rs.1,500/- w.e.f. 12.9.2008 with costs of the proceedings in the sum of Rs.2,000/- to respondent no.1. Respondent no.1 had also relied upon the 7/12 extract in respect of the agricultural land belonging to the joint family of the petitioner herein earning income from the agricultural land. The said order was challenged before the Sessions Court, Akola by the petitioner as well as respondent no.1 separately by filing Criminal Revision No.156 of 2009 and Criminal Revision No.133 of 2009 respectively. The Criminal Revision Application filed by the petitioner was dismissed and the Criminal Revision Application preferred by respondent no.1 was allowed and the amount of maintenance was enhanced to the sum of Rs.2,000/- p.m. with effect from 31.8.2009 and costs of the proceedings in the sum of Rs.750/- was awarded. The petitioner was also ordered to pay costs of Rs.500/- to his daughter Rukaya.