RANJIT SINGH Vs. BALWANT KAUR

JUDGEMENT

(1.) RANJIT Singh by means of this petition under Section 482 Cr.P.C. seeks quashing of the order dated 3rd December, 1988 passed by the Judicial Magistrate Ist Class, Moga, enhancing maintenance allowance of the respondent from Rs. 100/- to Rs. 250/- and order dated 19th November, 1990 passed by the Additional Sessions Judge, Faridkot, dismissing the revision of the petitioner and enhancing maintenance of the respondent to Rs. 400/- per month.

(2.) BALWANT Kaur respondent is the wife of the petitioner and the marriage between the parties was solemnised on 14th July, 1984. She having been neglected by the petitioner filed an application under Section 488 Cr.P.C. (old) for grant of maintenance which was allowed in the year 1960 and she was awarded maintenance of Rs. 100/- per month with effect from 12th September, 1960. She sought enhancement by moving application under Section 127 Cr.P.C. claiming that the petitioner having since retired as Major was drawing pension of Rs. 2500/- and he also owned six killas of land at village Kotla Raika and a residential house at Chandigarh valued at rupees four lacs.

(3.) THE respondent led evidence and also stepped into the witness box. The petitioner, however, did not enter into the witnesses box and felt satisfied by examining Pritam Singh, who denied the allegations made by the respondent. The learned Magistrate accepted the application and enhanced maintenance allowance of the respondent from Rs. 100/- per month to Rs. 250/- per month. In the revision Shri Hardial Singh, Additional Sessions Judge, Faridkot while dismissing the revision petition filed by Ranjit Singh, accepted the revision petition filed by Balwant Kaur and increased maintenance allowance to Rs. 400/- per month from the date of application.