SANJAY MALHOTRA Vs. USHA MALHOTRA

JUDGEMENT

(1.) IT is not disputed that Mst. Usha Malhotra has claimed Rs. 1000/- as maintenance allowance in the original application filed under Section 125 of the Code of Criminal Procedure for herself and her two minor sons. The order of the learned Additional Sessions Judge, Amritsar enhancing the maintenance allowance to Rs. 1200/- per month i. e. at the rate of Rs. 400/- per month to each of the above-referred two children from Rs. 200/- awarded by the trial Court is not legally justifiable because the Court cannot give more relief than the one craved for. Under these circumstances, maintenance allowance of both the minor sons, namely, Manav and Kanav is reduced to Rs. 300/- per month each while the maintenance allowance to Mst. Usha Malhotra at the rate of Rs. 400/- per month is maintained. The order of the Additional Sessions Judge regarding payment of maintenance allowance from the date of application is, however, maintained.

(2.) MR. Mann, the learned counsel for the respondents, contends that in view of the hike in the price index of the essential commodities and the cost of education of the children, the impugned order of learned Additional Sessions Judge is justifiable. I fail to agree with it as the legislature had itself provided in Section 127 of the Code that trial Court may be approached for enhancement of maintenance allowance if the circumstances so justify.

(3.) THE revision petition stands partly accepted to the extent indicated above.