JASWANT SINGH Vs. RANJIT KAUR

JUDGEMENT

(1.) This petition is directed against the order of Additional Sessions Judge, Sangrur dated 7/08/1989, whereby maintenance already granted to Ranjit Kaur under S. 125 of the Code of Criminal Procedure. 1973 (hereinafter referred to as the Code) on the basis of compromise was enhanced from Rs. 170.00 to Rs. 250.00 per month on the application filed under S. 127 of the Code.

(2.) In brief facts relevant for the disposal of this petition are that in the earlier petition under S. 125 of the Code, the trial Magistrate on the basis of a compromise arrived at between the parties granted maintenance allowance to the wife at the rate of Rs. 170.00 per month, vide order dated 20/11/1984 Later the wife moved an application under S. 121 of the Code for enhancement of the maintenance allowance fixed in her favour under S. 125 of the Code. Enhancement was sought firstly on the ground that the father of the husband had died after the fixation of maintenance allowance under S. 125 of the Code and her husband had inherited landed property from his father. This aspect of the case was not found to be correct inasmuch as the father of the husband had died in 1982, much prior to the fixation of the amount under S. 125 of the Code on the basis of a compromise arrived at between the parties. The second ground on which the enhancement of maintenance allowance was sought concerns the price hike during the intervening period i.e. in between November, 1984 and 15/04/1986 when the application for enhancement of maintenance allowance was moved. The trial Magistrate did not find favour, and, dismissed the application for enhancement of maintenance allowance moved by the wife. On revision the learned Additional Sessions Judge, enhanced the amount as already indicated above.

(3.) Counsel for the parties were heard.