VIVEK SHARMA Vs. RAJNI BALA

JUDGEMENT

(1.) This petition has been directed against the order dated 29.7.2011 passed by Sessions Judge, Hamirpur in Criminal Revision No. 14 of 2010 enhancing the maintenance granted by Chief Judicial Magistrate, Hamirpur on 30.9.2010 in petition No. 14 of 2009. The facts in brief are that the respondents had filed petition No. 14 of 2009 on 24.10.2009 against the petitioner under Section 125 Cr.P.C. which was allowed by the Chief Judicial Magistrate, Hamirpur on 30.9.2010. The respondents No. 1 and 2 were granted maintenance at the rate of Rs. 1000/- per month each with effect from 24.10.2009.

(2.) The petitioner filed petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage against respondent No. 1. In that petition, the respondents filed CMA No. 742 of 2009 on 22.12.2009 under Section 24 of the Hindu Marriage Act, 1955 (for short 'Act') which was allowed by the District Judge, Kangra at Dharamshala on 23.6.2010 and fixed maintenance pendente lite at the rate of Rs. 3000/- to respondent No. 1 and at the rate of Rs. 1200/- to respondent No. 2 from the date of filing of the petition under Section 24. In addition, litigation expenses of Rs. 2000/- were also granted in favour of the respondents.

(3.) The order dated 30.9.2010 was assailed by the respondents in Criminal Revision No. 14 of 2010 which was allowed by the Sessions Judge, Hamirpur on 29.7.2011. The Sessions Judge modified the order dated 30.9.2010 and directed the petitioner to pay monthly maintenance allowance to respondents at the rate of Rs. 2,500/- per month each from the date of filing of the revision i.e. 2.11.2010. The petitioner was also burdened with costs of the revision assessed at Rs. 3,000/- . The order dated 29.7.2011 has been assailed in the present revision.