BALBIR KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner Balbir Kaur was married to Jodh Singh, respondent No.2 and petitioner No.2 is minor son of petitioner No.1 and respondent No.2. Marriage took place on 2.12.2002 and petitioner No.2 was born on 26.10.2003. Subsequently, due to some differences between the parties, petitioner No.1 started residing separately along with petitioner No.2. Respondent No.2 is a constable in Punjab Police and application was moved by the petitioners under Section 125 CrPC for seeking maintenance before JMIC, Barnala as petitioner No.1 was having no source of income. On the basis of complaint made by petitioner No.1, FIR No.116 dated 1.12.2009 was registered against respondent husband under Sections 406,498-A IPC. A divorce petition was filed by husband which was withdrawn by him on 8.3.2009. Application under section 125 CrPC was allowed by JMIC vide order dated 17.10.2011 and keeping in view the salary of husband, maintenance at the rate of Rs.1,500/- per month was awarded to both the petitioners.

(2.) Thereafter, a revision petition was filed by the petitioners for enhancement of the amount of maintenance which was allowed vide order dated 13.2.2012 and amount of maintenance was enhanced from Rs.1,500/- to Rs.4,000/- to petitioner No.1 and from Rs.1,500/- to Rs.2,000/- to petitioner No.2.

(3.) The present petition has been filed by the petitioners for modification of order dated 17.10.2011 passed by JMIC, Barnala as well as order passed by Additional Sessions Judge, Barnala on the ground that petitioner No.1 has no source of income, whereas, respondent husband is drawing salary of about Rs.17,000/- per month and he is owner of 3 bighas of land. The minor son of respondent No.2 is 9 years of age and he is undergoing study and they are not in a position to maintain themselves out of the awarded amount.