MOHAMMAD JAKIR Vs. RUKSANA AND ORS.

JUDGEMENT

(1.) This criminal revision is directed against the order passed by learned Principal Judge, Family Court, Dewas in Miscellaneous Case No. 51/2014 vide order dated 30-5-2014 under Section 127 of Cr.P.C. by which learned Principal Judge partly allowed the application filed by the respondent No. 1 under Section 127 of Cr.P.C. and enhanced the amount of maintenance in respect of respondent No. 1 from Rs. 2000 to Rs. 5000/- and for respondent No. 2, from Rs. 1000/- to Rs. 4000/-. It is admitted that respondent No. 1 is married wife of applicant. Their marriage was performed according to Muslim Customs and Rites. Respondent No. 2 is the son of present applicant out of the marriage. It is also admitted that learned JMFC, Dewas passed an order in MJC No. 139/2009 on 31-12-2011 and awarded maintenance of Rs. 2000/- to respondent No. 1 and Rs. 1000/- to respondent No. 2.

(2.) By the impugned order, learned Principal Judge enhanced the amount as aforesaid on the premise that present applicant is working as Trackman in Ratlam Division of Indian Railway and his salary is approximately Rs. 16,000/-. It is also observed in the order by the learned Judge that there is price rise and inflation after the order passed by learned JMFC. His salary has been increased to Rs. 12,699/- to Rs. 18,599/- and his dearness allowance is also increased to more than 100%.

(3.) Before learned Principal Judge, respondent No. 2 prayed that she may be granted monthly maintenance of Rs. 11,000/-.