PRABHAKAR Vs. SAU. KARUNA AND ANOTHER

JUDGEMENT

(1.) Prabhakar, the husband has challenged the order of the Magistrate of First Class enhancing the maintenance granted to the wife and his daughter.

(2.) In Misc. Criminal Case No. 12/1981, by an order dated 27-8-82, the Chief Judicial Magistrate ordered payment of Rs. 200.00 and Rs. 100.00 respectively to mother and daughter as maintenance. They again applied on 1-10-1984 for enhancement of the maintenance on the grounds that the requirements of the child have increased by passage of time and also that the salary of Prabhakar has been increased. It was registered as Miss. Criminal Aprwlication No 8/1986. By an order dated 24th Nov. 1986, the Judicial Magistrate. First Class, III Court, Wardha, enhanced the maintenance allowance from Rs. 200.00 to Rs. 500.00 for wife and from Rs. 100.00 to Rs. 200.00 for the child. Thus total maintenance allowance from Rs. 30J/- was increased to Rs. 700.00. This order is impugned in this revision by Prabhakar applicant.

(3.) Shri Deshpande, the learned counsel appearing for the applicant made two submissions First submission is that the order of increase of maintenance allowance is without jurisdiction. According to Shri Deshpande, the second order of enhancement has been passed by the Judicial Magistrate, First Class, III Court, Wardha, whereas the first order of maintenance was passed by the Chief Judicial Magistrate, Wardha. Shri Deshpande, therefore, submitted that when an alteration in the maintenance allowance is to be made and r Sec. 127, Cr.P.C , the application has to be decided by the same Magistrate who has granted the earlier maintenance The second contention of. Shri Deshpande is that the evidence on record is not enough to warrant the enhancement of maintenance allowance.