STATE OF MAHARASHTRA Vs. JANAKIBAI

JUDGEMENT

(1.) This is a reference made to this Court by the learned Additional Sessions Judge, North Satara, for setting aside an order for enhancement of maintenance which has been made by the learned Civil Judge and Judicial Magistrate First Class, Patan.

(2.) The applicant before the learned trial Magistrate was the wife and she had been given maintenance at the rate of Rs. 6 per month in the year 1924. The wife did not ask for anything more thereafter till the year 1952 when she made an application for enhancement of the maintenance. The application principally appears to have been upon the footing that Rs. 6/- was not sufficient for the wife to maintain herself in the year 1952. The learned Magistrate accepted it as reasonable and increased the maintenance to Rs. 15/per month taking into consideration the husband's income.

(3.) The husband then went to the learned Sessions Judge in revision and the learned Sessions Judge said that before an order for enhancement of maintenance could be made under Section 489 there must be a change in the circumstances either of the husband or of the wife, and Inasmuch as there was no change in the circumstances of either the husband or the wife the learned trial Magistrate has no jurisdiction to enhance the maintenance. He said in the second instance that he was not satisfied that the husband was in a position to give his wife Rs. 15 per month as maintenance.