LAWS(BOM)-2005-7-39

GANGADHAR NARHARI KEDARE Vs. SONYABAI GANGADHAR KEDARE

Decided On July 11, 2005
GANGADHAR NARHARI KEDARE Appellant
V/S
SOU.SONYABAI GANGADHAR KEDARE Respondents

JUDGEMENT

(1.) On the last date the learned counsel for the Petitioner was heard. Today the Petition is kept for dictation of the judgment.

(2.) The Petitioner is the husband and the Respondent is the wife. The challenge in this petition is to the Judgment and order dated 18th January, 2005 passed by the Additional sessions Judge, Niphad.

(3.) The Respondent-wife had initially filed an application under section 125 of the code of Criminal Procedure, 1973, for maintenance against the Petitioner. The said application was decided by granting monthly allowance of Rs. 250/- in favour of the respondent. An Application was made under section 127 (1) of the said Code by the respondent for enhancement of the monthly allowance. The learned Judicial Magistrate First class enhanced the monthly maintenance allowance to Rs. 1000/- from the date of passing of the order. The said order was challenged by the Petitioner and the Respondent by filing separate Revision Applications. The revision Application preferred by the Petitioner was rejected by the impugned Judgment and order and the Revision Application preferred by the Respondent was allowed. The additional Sessions Judge directed the Petitioner to pay maintenance at the enhanced rate of rs. 1200/- per month to the Respondent from the date of the application along with costs of rs. 1000/ -.