DNYANOBA PHIRANGOO KATORE Vs. HOUSABAI

JUDGEMENT

(1.) This is an application under section 407 of the Code of Criminal Procedure for transfer of an application for alteration in the amount of maintenance filed in the Court of the learned Judicial Magistrate at Atpadi, Taluka Atpadi, District Sangli, from that Court to the Court of the learned Metropolitan Magistrate, 11th Court, Kurla.

(2.) The brief facts are, that the petitioner Dbyanoba Phirangoo Katore was married to Housabai Dnyanoba Katore. Sometime after marriage the parties separated. In 1967 the respondent wife filed an application for maintenance. This application, bearing No. 48/S/1967 was filed on 29-9-1967 in the Court of the learned Metropolitan Magistrate, 11th Court, Kurla. After hearing evidence and arguments of both the sides, the learned Metropolitan Magistrate was pleased to grant maintenance to the respondent wife at the rate of Rs. 50/- per month.

(3.) Thereafter, in the year 1975 the respondent wife filed an application for alteration in the amount of maintenance under section 127 of the Code of Criminal Procedure. This application bearing No. 250/S/75 was filed on 30-1-1975 in the Court of the learned Metropolitan Magistrate, 11th Court, Kurla, Bombay. The learned Magistrate was pleased to alter the amount of maintenance granted by him and to increase it to Rs. 80/- per month.