SANTI RAM SARMA Vs. KANAKLATA DEVI

JUDGEMENT

(1.) In this application under S. 482, Cr. P.C., the petitioner has challenged an order of the Sessions Judge, Darrang made on 27-2-1986 in CM No. 249(D-2)85 arising from the order of the Magistrate of the First Class, Mangaldoi made in Misc. Case No. 59 of 1980, under S. 125, Cr. P.C.

(2.) Facts, - Kanaklata Devi instituted Misc. Case No. 59 of 1980 under S. 125, Cr. P.C., in the Court of Judicial Magistrate of the First Class, Mangaldoi against her husband Santi Ram Sarma. The Magistrate awarded the wife a sum of Rs. 100.00 as monthly maintenance allowance from the date of passing the order. Against that order, the husband filed CM No. 249(D-2)85 before the Sessions Judge. The Sessions Judge while dismissing the revision petition enhanced the award of maintenance of Rs. 100.00 to Rs. 200.00 - hence this petition by the husband.

(3.) Mr. Munir, learned counsel for the petitioner, has contended that enhancement of award of maintenance was made without giving the petitioner an opportunity of being heard in violation of the provisions under Section 401(2), Cr. P.C. and, therefore, the Sessions Judge has exercised his jurisdiction illegally.