LALJI MISHRA Vs. KUNDKALI

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted under Section 482 of the Cr.P.C. for setting aside the order dated 17.10.2015 in Criminal Revision No.115/2015 passed by the Court of Additional Sessions Judge, Nagod, District Satna whereby the order dated 12.08.2014 passed in M.J.C. No.10/2013 passed by the Judicial Magistrate First Class, Nagod District Satna has been affirmed.

(2.) The respondent/applicant has filed an application under Section 127 of the Cr.P.C. for enhancement of the maintenance and the same was allowed. The trial Court enhanced the maintenance amount from Rs. 1,300/- per month to Rs. 3,500/- in favour of the respondent/applicant.

(3.) According to the petitioner/non-applicant, earlier an application for enhancement was filed and the amount of Rs. 625/- was enhanced of Rs. 1,000/- per month. Thereafter, she again filed an application for enhancement of the maintenance amount and that application was allowed and the amount of Rs. 1,000/- was enhanced to Rs. 1,500/- per month, which was ultimately considered by this Court and Rs. 1,300/- per month was directed to be paid. This important fact has not been considered by the both the learned Courts below that the maintenance amount cannot be enhanced again and again. Therefore, the findings given by the Courts below being perverse, unreasonable and violative of the procedure. The amount of maintenance granted to the respondent for such a long period was paid without any default. Earlier the amount was granted to the respondent and so also to her son Veeru Mishra, now Veeru Mishra has attained the majority and he is independently running business in the Court premises of Nagod. Further, the house has been constructed by the respondent and she is getting income of rent. The petitioner/non-applicant has still to discharge his liability to make arrangement for his two adult daughters who are of marriageable age and in near future he has to make expenditure of such amount. In fact that the respondent has no any liability as such. It is settled principle of law that the order of maintenance cannot be enhanced again and again.