ASHOK NATH SINGH PANWAR Vs. UPASNA PANWAR

JUDGEMENT

(1.) Both these petitions arise out of the same judgment dated 11-6-1992 passed by Additional Sessions Judge, Sirmaur District at Nahan, whereby the judgment dated 12-8-1991 passed by Chief Judicial Magistrate. Sirmaur District at Nahan was modified to the extent that the maintenance allowance of Rs. 150.00 granted in favour of first respondent wife was increased to Rs. 300.00 per month and the maintenance allowance of Rs. 400/granted in favour of second respondent daughter Miss Chamcham was increased to Rs. 500.00 per month, therefore, these are being disposed of by a common judgment.

(2.) Petitioner Ashok Nath Singh Panwar was married to first respondent Smt. Upasna Panwar in the year 1979 and second respondent Miss Chamcham was born out of their wedlock. After some time the relations between the husband and wife became strained and the wife filed an application under Section 125 of the Code of Criminal Procedure on her behalf and on behalf of her minor daughter. The application was resisted by the husband but ultimately allowed by judgment dated 21-2-1985 granting maintenance allowance of Rs. 100.00 per month to the wife and Rs. 200.00 per month to the daughter. Feeling aggrieved both the husband and the wife on her behalf and on behalf of her daughter filed revision petitions before the Sessions Judge, Solan and Sirmaur Districts at Nahan; the wife and the daughter challenging the quantum of maintenance granted to them and the husband against the grant of maintenance. The revision petition of the husband was dismissed but the revision petition of the wife and the daughter was allowed to the extent that maintenance allowance of the wife was enhanced to Rs. 150.00 from Rs.100.00 by a common judgment dated 19-4-1986, which was maintained by this Court in Criminal Revision No. 59 of 1986 filed on behalf of the husband.

(3.) The second round of litigation started when the wife filed an application under Section 127(1), Cr. P. C. on 3-4-1989 praying for the enhancement of the maintenance allowance to Rs.900.00 per month from Rs. 350/. per month originally granted in her favour and in favour of her daughter. It was averred in para 8 of the application that at the time of grant of maintenance allowance by order dated 20-9-1983, the daughter was only of four years of age but afterwards she was admitted in DAV Public School at Nahan and was studying in 4th Class and an amount of Rs. 500.00 per month was required to meet her expenses including of education. Another ground of enhancement of maintenance allowance of wife was that due to increase in prices, she could not maintain herself with the meagre amount of Rs. 150.00 granted to her. In paragraph 9 it was further stated that in the meantime total emoluments of the husband had increased to Rs. 1900.00 per month and he could afford the additional sum of maintenance allowance prayed by the wife and the daughter.