CHANDRAKALI BAI Vs. CHHEDI SINGH

JUDGEMENT

(1.) Petitioner Chandrakali Bai wife of respondent Cheddi Singh was awarded maintenance amount of Rs. 50.00 per month vide order dated 2/8/1966 passed in Misc.Cr.Case No.1060/65. The Petitioner applied for alteration of the maintenance allowance u/s 127 of the Code Of Criminal Procedure, which was registered as Misc.Cr.Case No. 48/83. The said application moved on behalf of the petitioner was allowed by J.M.F.C. Baloda Bazar district Raipur vide order dated 24/10/1985 passed in Misc.Cr.Case No.48/ 83 and against this order a revision was preferred by the present respondent Chhedi Singh vide revision No. 64/86 in the Court of jjjrd Additional Sessions Judge Camp Baloda Bazar district Raipur who allowed the said revision petition vide order dated 5/8/1988 which is impugned order under revision.

(2.) On behalf of petitioner Chandra Kali Bai it has been submitted that the learned courts below have erred in exercising the jurisdiction in not awarding sufficient amount for the maintenance of the wife. According to the Counsel for the petitioner, the maintenance amount of Rs. 50/- per month was awarded in the year 1966 whereas its purchasing value has materially reduced and as such the amount of Rs. 50/- per month was insufficient for the maintenance of the petitioner and that the Court should have increased the maintenance amount to a sum of Rs. 150/- per month, looking to the admitted income of the respondent. On the aforesaid ground it was requested that the revision petition be allowed and the amount of maintenance be increased Suitably looking to the circumstances of the case.

(3.) On behalf of the non-applicant/respondent Cheddi Singh it was submitted that in the absence of proof of change in circumstance and as no evidence had been adduced by the petitioner before the J.M.F.C., Baloda Bazar in this regard the maintenance amount could not have been increased from Rs. 50 per month to Rs. 75/- per month and so the jjjrd Additional Sessions Judge, Camp Baloda Bazar had committed no error in allowing the revision petition filed on behalf of the present Non- applicant/respondent Chhedi Singh. It was accordingly submitted that the present revision filed on behalf of the petitioner Chandra Kali Bai deserves to be dismissed.