RAMESH LALAI Vs. SUMATI BAI

JUDGEMENT

(1.) IN petitioner's Criminal Revision No. 127/2000, the learned Second ASJ, Hoshangabad not only held the respondent entitled to claim maintenance from petitioner, as ordered by JMFC, Itarsi, on 22 -8 -2000 in respondent's application filed under Section 125, Cr.PC which was registered as Criminal Case No. 20/98, but enhanced the rate of maintenance to Rs. 700/ - per month and that too, from the date of application, against this order of JMFC, Itarsi that the maintenance at the rate of Rs. 300/ - per month, has to be paid since the date of order.

(2.) IT is not in dispute that on the maintenance application filed on behalf of the respondent, which was registered as Criminal Case No. 20/98, the learned JMFC, Itarsi granted her maintenance at the rate of Rs. 300/ - per month by order dated 22 -8 -2000, after recording and evaluating the evidence of both the parties, adduced by them in support of their claims.

(3.) IT is argued on behalf of the petitioner that the Courts below are not justified in holding respondent, the legally wedded wife of the petitioner. It is also contended on behalf of this petitioner that in revision filed by this petitioner, the learned Second ASJ could not have enhanced the rate of maintenance and hence, the order of Revisional Court is liable to be set aside. It is lastly submitted on behalf of the petitioner that there is no justification to grant the maintenance from the date of application as ordered by Revisional Court, which alone makes the impugned order liable to be set aside.