ANJANA ALIAS BABY Vs. ASHOK KUMAR VERMA

JUDGEMENT

(1.) IN this Criminal Misc. the petitioner has prayed for modification of orders dated 11-7-1988 and 2-11-1987, Copies Annexures P 1 and P-2 passed by the Additional Sessions Judge, Patiala and Chief Judicial Magistrate, Patiala, respectively. Shorn of unnecessary details, the relevant facts of the case, are that the petitioner was granted Rs. 350/- per month as maintenance allowance from her husband respondent by an order dated 26-4-1985 passed by the Chief Judicial Magistrate, Patiala. She moved an application under Section 127 Criminal Procedure Code in the Court of Chief Judicial Magistrate, Patiala on 23-12-1985 for the enhancement of the maintenance on the plea that there had been substantial-increase in the income of the respondent and she is to arrange separate accommodation for her residence. The Chief Judicial Magistrate, Patiala, vide his order dated 2-11-1987 enhanced the maintenance from Rs. 350/- to Rs. 500/- from the date of the order. Against this order of the Chief Judicial Magistrate, Patiala, the petitioner filed a Revision Petition in the Court of Additional Sessions Judge, Patiala with a prayer that the enhanced maintenance should have been awarded from the date of filing of the petition. This Revision Petition was dismissed by the Additional Session Judge, Patiala, vide his order dated 2-11-1988, Copy Annex- P 1. Feeling aggrieved by this order, the petitioner has filed the present application.

(2.) THE grievance of the petitioner is that the enhanced maintenance should have been granted from the date of filing of the petition under Section 127 of the Code of Criminal Procedure.