CHETAN BAI Vs. RAMESH KUMAR PATHARIYA

JUDGEMENT

(1.) This miscellaneous criminal case under Sec. 482 of the Code of Criminal Procedure is directed against the order dated 03 -08 -2005 passed by the Court of I Additional Sessions Judge, Hoshangabad, in Criminal Revision No. 118/2004; whereby the order dated 26 -03 -2004 passed by the Judicial Magistrate First Class, Itarsi in MJC No. 52/2002 under Sec. 127 of the Code of Criminal Procedure, enhancing the rate of maintenance allowance awarded to petitioner wife under Sec. 125 thereof, from Rs. 600/ - per month to Rs. 900/ - per month.

(2.) The facts necessary for disposal of this miscellaneous criminal case may briefly be stated thus: The Court of Judicial Magistrate First Class, Itarsi, by order dated 29 -07 -1999 passed in MJC No. 80/1998 awarded maintenance under Sec. 125 of the Code of Criminal Procedure to petitioner Chetan Bai at the rate of Rs. 600/ - per month. By order dated 26 -03 -2004 passed under Sec. 127 of the Code of Criminal Procedure by Judicial Magistrate First Class, Itarsi in MJC No. 52/2002, the amount of maintenance was enhanced from Rs. 600/ - per month to Rs. 900/ - per month. The petitioner wife Chetan Bai challenged that order before I Additional Sessions Judge, Hoshangabad, in Criminal Revision No. 118/2004. By impugned order dated 03 -08 -2005, learned Additional Sessions Judge declined to enhance the amount any further.

(3.) The impugned order has been challenged in this miscellaneous criminal case under Sec. 482 of the Code of Criminal Procedure mainly on the ground that respondent husband is a driver of goods trains in Indian Railways and earns approximately rupees one lac per month. Therefore, the amount of maintenance at the rate of Rs. 900/ - per month is hopelessly inadequate.