AMAR SINGH Vs. SATYA DEVI

JUDGEMENT

(1.) Husband-petitioner has filed this revision against the order of the Chief Judicial Magistrate, Faridkot, dated April 11, 1996, whereby he has enhanced the maintenance awarded to the respondents under S. 127 of the Code of Criminal Procedure (in short, the Code) and has made it payable from the date of application. The respondents had filed the said application for enhancement of maintenance under S. 127 of the Code on March 19, 1994.

(2.) Respondent No. 1 is the wife and respondents 2 and 3 are the children of the petitioner. These respondents filed an application under S. 125 of the Code for the grant of maintenance, which was allowed vide order dated January 13, 1986. The wife was granted maintenance at the rate of Rs. 160/- per month and the children were granted maintenance at the rate of Rs. 80/- per month each. The respondents filed an application under S. 127 of the Code, which was allowed on February 12, 1992. Her maintenance was enhanced to Rs. 250/- per month and for other respondents it was enhanced to Rs. 200/- per month each. The husband filed revision against that order in this Court. This Court reduced the maintenance of respondents 2 and 3 to Rs. 150/- per month each.

(3.) In their petition dated March 19, 1994, the respondents averred that they have no source of income; they are dependent on the amount of maintenance granted to them by the Court and now since the prices of essential articles as well as of books and other educational articles have gone very high as compared to the previous years, they claimed that their maintenance be enhanced. They claimed Rs. 3,000/- per month for the wife and Rs. 1500/- per month for children.