LAWS(MPH)-2016-6-33

MAYA KOL Vs. SHRINIWAS KOL

Decided On June 14, 2016
Maya Kol Appellant
V/S
Shriniwas Kol Respondents

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant/wife against the order dated 12.01.2011, passed in M.Cr.C. No.20/2010, where by learned Principal Judge, Family Court, Rewa, dismissed the application filed by the applicant under Section 127 of the Code for enhancement of maintenance amount.

(2.) The applicant had filed an application under the provisions of Section 125 of the Code for grant of maintenance, contending that the marriage between the applicant and the respondent was solemnized as per the Hindu rites and rituals. Due to ill -treatment, cruelty and misbehavior with her by the husband and her in -laws, she has been living separately.

(3.) Providing opportunity to the respondent -husband to file reply and after adopting due procedure learned Judicial Magistrate First Class, Rewa on first round of litigation allowed the application vide order dated 24.03.1999 and awarded maintenance to the applicant to the tune of Rs.500/ - per month. Thereafter, the applicant filed application for enhancement and vide order dated 21.11.2005 second time the amount of maintenance was enhanced to the tune of Rs.800/ -. Again vide order dated 31.01.2008 third time amount of maintenance was further enhanced to the tune of Rs.1,000/ -.