LAWS(MPH)-2017-3-7

PRAVEEN TANDYA Vs. PALLAVI SINGH

Decided On March 28, 2017
Praveen Tandya Appellant
V/S
Pallavi Singh Respondents

JUDGEMENT

(1.) This criminal revision is directed against the order dated 15.11.2016 passed by the Court of Principal Judge, Family Court, Mandla in M.J.C. No. 210/2015, whereby the maintenance allowance under Section 125 of the Cr.P.C. awarded to the respondent wife Smt.Pallavi Singh at the rate of Rs.2,000/- per month was enhanced to Rs.5,000/- per month.

(2.) The facts necessary for disposal of this criminal revision may be summarized as hereunder. By order dated 19.11.2011 passed in M.Cr.C.No.64/2011, a compromise entered into by the parties with regard to the payment of maintenance allowance, was recorded by the trial Court and on the basis of the said compromise, the petitioner husband was directed to pay Rs.2,000/- per month to the respondent wife. Subsequently, the respondent wife moved an application under Section 127 of the Cr.P.C. for enhancement of the allowance on the grounds that since the date of the order awarding maintenance on 19.11.2011, the cost of living has gone up exponentially, the respondent wife is suffering from tumor in the stomach and is incurring expenditure upon her treatment as also the fact that the monthly earning of the petitioner husband has risen.

(3.) Learned Principal Judge, Family Court allowed the application and enhanced the monthly maintenance allowance from Rs.2,000/- per month to Rs.5,000/- per month by impugned order.