SUSHILA & ANOTHER Vs. SURESH KUMAR

JUDGEMENT

(1.) Petitioners are wife and daughter of respondentSuresh Kumar. They were provided maintenance allowance at the rate of Rs.750/- per month each under Section 125 CrPC, to be paid by the respondent vide order dated 22.8.2006. Subsequently, in an application filed on 11.10.2008 under Section 127 Cr.P.C., the Sub Divisional Judicial Magistrate, Mohindergarh, vide order dated 20.3.2010, enhanced maintenance allowance to Rs.2,000/- per month to petitioner No.1 and Rs.1,000/- per month to petitioner No.2, from Rs.750/-.

(2.) Feeling aggrieved from the aforesaid order, the petitioners filed revision petition before the Sessions Judge, Narnaul by raising grievance that petitioner No.2-Monika was also entitled to maintenance allowance at the rate of Rs.2,000/- per month instead of Rs.1,000/- per month. Vide order dated 27.11.2010, maintenance allowance of Monika was enhanced to Rs.2,000/- per month, but it was ordered that the enhanced amount would be payable to both the petitioners with effect from 20.3.2010 i.e. date of order passed by the Sub Divisional Judicial Magistrate, Mohindergarh. Whereas the enhanced maintenance allowance should have been awarded from the date of application i.e. 11.10.2008 instead of date of order.

(3.) From the aforesaid facts, as narrated above, it may be noticed that only grievance of the petitioner is that the enhanced maintenance should have been allowed from the date of application instead of the date of order of Sub Divisional Judicial Magistrate, Mohindergarh.