RAJNEESH SHARMA Vs. REKHA SHARMA AND ANOTHER

JUDGEMENT

(1.) The applicant has filed this criminal revision under section 397/401 of Code Criminal Procedure being aggrieved by the order dated 24.01.2005 passed by J.M.F.C., Umariya in Misc. Criminal Case No.170/2004 whereby the court below has enhanced the maintenance amount of respondent No.2 son from Rs. 500.00 to Rs. 1500.00 per month.

(2.) The facts of the case in brief are that non-applicant No.1 Smt. Rekha is wife of applicant and non-applicant No.2 Cheeku @ Sriyansu is son of applicant. The non-applicants have filed an application under section 125 of Code Criminal Procedure before the J.M.F.C. who vide order dated 29.11.2004 passed in M.J.C. No.10/92 granted the maintenance at the rate of Rs. 500.00 per month to respondent No.1 and Rs. 300.00 per month to respondent No.2. Thereafter the Supreme Court in Civil Appeal No.637/98 vide order dated 6.2.98 enhanced the maintenance amount of respondent No.2 from Rs. 300.00 to Rs. 500.00.

(3.) Thereafter the respondents filed another M.J.C. No.170/2004 before J.M.F.C. Umariya under section 127 of Code Criminal Procedure for enhancement of maintenance amount for herself and her son respondent No.2 from Rs. 500.00 per month to Rs. 3000.00 per month each on the ground of change of circumstances. The learned court below vide impugned order dated 24.1.2005 rejected the application in respect of respondent No.1, but partly allowed the application in respect of respondent No.2 and enhanced the maintenance of respondent No.2 from Rs. 500.00 to Rs. 1500.00 per month from the date of application.