KANIJA BEGUM Vs. NIYAZ MOHAMMAD ANSARI

JUDGEMENT

(1.) This order shall also govern the disposal of Criminal Revision No.1012/2011 (Niyaz Mohammad Ansari vs. Smt. Kaneeza Begum and another) filed by respondent herein against the applicants for setting aside the impugned order.

(2.) The present revision is preferred by the wife and minor son of the respondent being aggrieved by the order dated 25.11.2010 passed by the Principal Judge, Family Court, Rewa in Misc. Criminal Case No.210/2008 whereby their application filed under Section 127 Cr.P.C. was allowed in part only and the sum of maintenance has been enhanced meagerly in continuation of the order dated 13.6.2007 passed in Misc.Cr.Case No.97/2006 by the Family Court, Rewa whereby initially the respondent was directed to pay the maintenance of Rs.1000/- per month to the applicant No.1 while Rs.500/- per month to the applicant No.2. On allowing the impugned application of Section 127 Cr.P.C. by the impugned order such amount is further enhanced from Rs.1000/- to Rs.1300/- and from Rs.500/- to Rs.700/- for the respective applicants. Besides this revision, the respondent herein has also filed the above mentioned Criminal Revision No.1012/2011 for setting aside the impugned order enhancing the sum of the maintenance as stated above.

(3.) The facts giving rise to this revision, in short, are that long before the above mentioned Misc.Cr.Case No.97/2006 was filed on behalf of the applicants before the Trial Court for appropriate direction to the respondent to pay them the sum of maintenance. In such matter, on appreciation under Section 125 of Cr.P.C., the respondent was directed to pay the aforesaid sum Rs.1000/- per month to the applicant No.1 while Rs.500/- per month to the applicant No.2. Subsequent to that, in changed circumstances on behalf of the applicants for enhancement of such sum the impugned application under Section 127 Cr.P.C. was filed. After extending opportunity of hearing to the parties, taking into consideration the available circumstances, vide impugned order the earlier awarded sum of maintenance has been further enhanced as stated above, but, by way of this revision, the applicants are seeking further enhancement while the connected revision petition has been filed by the respondent herein for quashment of the impugned order regarding enhancement with a prayer to dismiss the applicants' application filed under Section 127 Cr.P.C.