ANAND ASRANI Vs. ROSHNI ALIAS TULSIDEVI ASRANI

JUDGEMENT

(1.) THE petitioner seeks relief of recalling of order dated 18-1-2002 passed by this Court in M. Cr. C. No. 596/2001 in exercise of inherent powers.

(2.) THIS petitioner challenged the order dated 1-12-2000 passed by Sessions Judge, Satna, in Criminal Revision No. 70/2000, in his M. Cr. C. No. 596 of 2001 filed under Section 482, Cr. PC (hereinafter referred to as the "code") on these facts that he was married to respondent in 1986, who, on account of dispute between the two started living separately with her parents at Satna. The respondent filed application against this petitioner claiming maintenance under Section 125 of the Code, which was registered as MJC No. 3/89. The learned CJM granted maintenance at the rate of Rs. 300/- per month to respondent and at the same rate to her son by order dated 31 -8-1994. Thereafter, respondent filed application under Section 127 of the Code seeking enhancement in maintenance. The petitioner denied all the material allegations made by the respondent in her above application, yet in the absence of any change in circumstances, the learned JMFC accepted the application and enhanced the rate of maintenance to Rs. 1500/- per month whereas he could not have legally awarded the maintenance exceeding Rs. 500/- per month. The petitioners challenged the aforesaid order in Criminal Revision No. 70/2000 which stood partly allowed by Sessions Judge, Satna, on 1-12-2000 who reduced the amount of maintenance to Rs. 900/- per month. The petitioner seeks relief of rejection of order dated 13-3-2000 passed by learned JMFC on respondent's application moved under Section 127 of the Code, in exercise of inherent powers.

(3.) THE order dated 1-12-2000 passed by Sessions Judge, Satna, in petitioner's Criminal Revision No. 70/2000 was challenged by respondent also in Criminal Revision No. 67/2001 which stood disposed of by this Court in dismissal on 28-6-2001. In Criminal Revision No. 67/2001, Shri S. K. Dwivedi, Advocate, appeared for this petitioner who was impleaded as non-applicant. The relevant portion of the order dated 28-6-2001 passed by this Court in Criminal Revision No. 67/2001, runs as under :-