KARAN SINGH Vs. HANS KAUR

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated July 13, 2006 passed by the learned Additional Sessions Judges, Rewari whereby the order passed by Chief Judicial Magistrate, Rewari, in proceedings under Section 127 Cr.P.C. for enhancement of maintenance was upheld.

(2.) BRIEFLY the facts of the case are that the respondent is undisputedly the legally wedded wife of the petitioner. On account of her desertion, she had filed a petition under Section 125 Cr.P.C. for grant of maintenance on August 16, 1976. Vide order dated September 20, 1997, she was granted a maintenance of Rs. 200/- per month from the petitioner, who admittedly was working as a Lecturer in a government college but now has retired. It is further alleged that the maintenance so fixed by the court was not paid by the petitioner but recovered by the respondent by filing various petitions for recovery and after September 30, 1998, no amount of maintenance was paid.

(3.) AFTER considering the plea raised by both the parties, the learned Chief Judicial Magistrate vide order dated January 17, 2006, directed the enhancement of maintenance from Rs. 200/- to Rs. 2,500/- per month from the date of filing of the petition i.e. November 20, 2001. The order of the Chief Judicial Magistrate was upheld in revision by the learned Sessions Judge.