RULIA SINGH Vs. KARTARO

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is directed against the order of the Additional Sessions Judge, Ferozepur, dated 8th February, 1988, and, the order of the Judicial Magistrate Ist Class, Ferozepur, dated Ist August, 1987, whereby, the maintenance already granted under Section 125 of the Code, to the wife, and, her minor son, was enhanced from Rs. 75/- per month to Rs. 200/- per month (in respect of the wife alone, as the son in the meantime had attained majority ). This enhancement was made by the Judicial Magistrate Ist Class, Ferozepur, on the application moved on behalf of the wife under Section 127 of the Code. The said order was confirmed by the Additional Sessions Judge, Ferozepur, on the revisional side.

(2.) IN brief, the facts relevant for the disposal of this petition, are, that on the application moved by the wife under Section 125 of the Code, for grant of maintenance, for herself and for her minor son, the maintenance at the rate of Rs. 50/- per month was initially granted by the Judicial Magistrate Ist Class, Ferozepur, on 30th December, 1975. On revision the Additional Sessions Judge enhanced the said amount to Rs. 75/- per month vide his order dated 27th April, 1977, and, the maintenance was ordered to be made payable from the date of the order of the trial Court, i. e. , 30th December, 1975. On 27th August, 1985, the wife again moved an application for enhancement of the maintenance allowance under Section 127 of the Code, and, thereafter, the impugned orders, referred to above, were passed.

(3.) COUNSEL for the parties were heard.