HIRA LAL Vs. PARKASHO

JUDGEMENT

(1.) SMT . Parkasho and her minor children Som Raj and Pala were allowed maintenance by the Magistrate vide order dated 21. 10. 1987 at the rate of Rs. 200/-, Rs. 100/- and Rs. 100/- per mensem, in application under Section 125 of the Code of Criminal Procedure filed by them against Hira Lal husband/father on 7. 2. 1984.

(2.) IN the year 1992 they claimed enhancement in the maintenance allowed to them, vide order dated 21. 10. 1987 under Section 125 Cr. P. C. urging that the prices of the essentials of life have gone up manifolds and they are not able to maintain themselves with the paltry amount allowed to them earlier, as also that earlier Pala minor was not studying and now he is admitted to school. The income of Hira Lal has also gone up from Rs. 800/- to Rs. 2,200/- per mensem. He is also keeping buffaloes and earning by the sale of milk. They on the other hand have no means wherewith to maintain themselves.

(3.) THE Magistrate, who tried this application, allowed enhancement in the maintenance allowance in favour of the wife as well as children. Resultantly, the wife was allowed maintenance allowance to the tune of Rs 300/- while children were allowed maintenance to the tune of Rs. 150/- each vide order dated 1. 9. 1994.