PRAKASH SHANKAR SHINDE Vs. REKHA PRAKASH SHINDE

JUDGEMENT

(1.) THE petitioner, Prakash Shankar Shinde, has challenged order dated March 2, 1995 passed in Petition No. E 1421/94, in this criminal writ petition.

(2.) REKHA Prakash Shinde, wife of the petitioner, was awarded maintenance allowance at the rate of Rs. 45/- per menses in a petition filed under Section 125 of the Criminal Procedure Code, for short the Code on October 13, 1992 by the concerned Magistrate. The wife made an application under Section 127 of the Code on August 7, 1994 for enhancing the maintenance allowance. It was stated in the application that the husband was earning more than Rs. 3. 000/- and the maintenance awarded to her was inadequate and she was unable to maintain herself with that meager amount. The learned trial Judge after recording the evidence came to the conclusion that the gross and carry home salary of the husband is Rs. 2282/- and Rs. 1808/- respectively. He further observed that the amount of maintenance granted was inadequate and he accordingly enhanced the monthly maintenance allowance to Rs. 400/- per menses payable from the date of presentation of the petition.

(3.) LEARNED counsel appearing for the husband has raised two fold submissions. He submitted that the learned Judge was in error in enhancing the maintenance allowance from the date of the application under Section 127 of the Code. He submitted that even if the maintenance was to be increased that should have been allowed from the date of the order and not from the date of the filing of the petition. The order under challenge is ex parte. Section 127 (1) of the Code reads thus :