SANJAY Vs. SANJIVANI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, petition is taken up for final hearing at the admission stage itself. By the present petition filed by the petitioner (husband) against the respondents (wife and son) under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, the petitioner prayed that the judgment and order, dated 5th August, 2010, passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision Application No. 40 of 2009, arising out of the judgment and order, dated 15th January, 2009, passed by the learned Judicial Magistrate, First Class, Rahuri in Miscellaneous Criminal Application No. 459 of 2004, be quashed and set aside.

(2.) Respondent no. 1 herein filed Miscellaneous Criminal Application No. 729 of 1999 in the court of Judicial Magistrate, First Class, Rahuri, under Section 125 of the Code of Criminal Procedure, seeking maintenance for herself and her children, namely Vanita and Vaibhav. Accordingly, after hearing the parties, the said court granted maintenance of Rs. 500/ - per month to respondent no. 1 wife and Rs. 300/- per month each to respondent nos. 2 and 3 children, by judgment and order, dated 20.6.2001. Thereafter, respondent no. 1 preferred Criminal Miscellaneous Application No. 459 of 2004 under Section 127 of the Code of Criminal Procedure for enhancement of the afore said maintenance amount. The said application was also allowed by the learned Judicial Magistrate, First Class, Rahuri, by judgment and order, dated 15th January, 2009 and maintenance amount of respondent no. 1 and her children (respondent nos. 2 and 3) was enhanced upto Rs. 1500/- per month each from the date of said application i.e. 13.9.2004.

(3.) Being aggrieved and dissatisfied by the said enhancement in the maintenance amount, the petitioner herein preferred Criminal Revision Application No. 40 of 2009 before the Sessions Court, Ahmednagar.