M RAJ REDDY Vs. SHANTAMMA

JUDGEMENT

(1.) THIS is an application to revise the order of the Magistrate, Karimnagar, dated 23-11-1955 by which he disallowed the application of the petitioner under Section 489 of the Criminal Procedure Code.

(2.) IN order to appreciate the arguments advanced before us a few facts need be mentioned. The petitioner is the adopted son of the respondent. The respondent applied for maintenance under Section 411 of the Hyderabad Criminal Procedure Code. Her petition was granted and she. was awarded an allowance of Rs. 15/- per mensem. After the order was made, it appears, the petitioner filed an application for reduction in the maintenance amount on the ground that his income had decreased and therefore he was not in a position to pay Rs. 15/- per month. This application was disallowed on 24-2-1954, Against that order, the petitioner went in revision to the District Court, which was disallowed op 20-5-1954. The application out of which this revision arises was filed on 13-4-1955 again asking for reduction of the allowance on the ground that the prices of the commodities have gone down. The learned Magistrate disallowed the application on the ground that as the petitioner was not prepared to pay more maintenance when the prices have gone up he cannot now claim any reduction in the maintenance allowance. It is against this order the petitioner has come up in revision.

(3.) I quite agree with the learned advocate for the petitioner that the reasoning adopted by the learned Magistrate is not sound. That argument would have held good if the respondent had filed an application under Section 489. As no such application has been filed, the petitioner cannot be blamed for not being prepared to pay enhanced maintenance allowance. But all the same I do not see any reason to interfere with the order under revision because at the present moment the prices have again gone up.