SUSHMA DEVI Vs. MANGAT RAM

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside order dated 27.08.2008 passed by learned Chief Judicial Magistrate, Rewari in petition no. 24 of 2005, Annexure P3, filed by petitioner -wife for maintenance under Section 125 Cr.P.C. as well as order passed by learned Additional Sessions Judge, Rewari in petition no.56 of 2008 titled as 'Mangat Ram v. Sushma Devi and another' and in revision petition bearing no. 5 of 2009 titled as 'Sushma Devi v. Mangat Ram' filed by petitioner -wife, which were decided on 03.07.2009 vide which learned Chief Judicial Magistrate had granted maintenance at the rate of Rs.5,000/ - per month to petitioner -wife and however, the same was reduced to Rs.4,000/ - per month by learned Additional Sessions Judge, Rewari.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned orders.

(3.) HENCE , in view of these facts, order passed by learned Additional Sessions Judge, Rewari reducing the amount of maintenance from Rs.5,000/ - per month to Rs.4,000/ - per month cannot be sustained in the eyes of law even taking the income of respondent -husband as more than Rs.13,000/ - per month on the date of filing of the petition. Though it has been argued by learned counsel for respondent -husband that petitioner is having right to file a petition under Section 127 Cr.P.C. for enhancement of maintenance upon revision of pay of respondent however, I am of the view that when this Court is seized of the matter and when it has already come on the record that respondent - husband was getting more than Rs.25,000/ - per month w.e.f. 01.01.2006 on account of revision of pay scales and at present he is getting more than Rs.30,000/ - per month, the subsequent development can be taken into consideration and the amount of maintenance can be enhanced from the date of revision of pay scales.