RAJ SINGH Vs. AMITA

JUDGEMENT

(1.) By invoking Sec. 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') the petitioner directs challenge against orders dated 31.08.2016 (Annexure P3) passed by the Executing Court and dated 07.03.2017 (Annexure P4) by the Revisional Court affirming the order dated 31.08.2016 passed by the Judicial Magistrate Ist Class, Panipat.

(2.) Counsel for the petitioner has submitted that the respondents filed an application under Sec. 125 Crimial P.C. for claiming maintenance and the same was allowed on 13.11.2004 and maintenance @ Rs. 2,000.00 per month was awarded. Later, they filed an application under Sec. 127 Crimial P.C. for enhancement of maintenance and the same was allowed vide order dated 07.11.2011 and the maintenance was enhanced to Rs. 3,000.00 per month. The respondents filed a revision petition before the Court of Sessions and the maintenance was enhanced to Rs. 5,000.00 each per month vide order dated 01.05.2015 (Annexure P2). The respondents filed an application for execution of the order of maintenance claiming maintenance at the enhanced rate of Rs. 5,000.00 each per month w.e.f. 07.11.2011. It is vehemently argued that as the order (Annexure P2) passed by the Court in revision allowing enhancement of maintenance does not say that the enhanced maintenance shall be available to the respondents with effect from the date of order passed by the trial Court in proceedings under Sec. 127 Crimial P.C., the respondents, at best, can claim enhanced maintenance @ Rs. 5,000.00 per month each w.e.f. 11.05.2015.

(3.) I have heard counsel for the petitioner and perused the paper-book particularly the various annexures appended with the petition.