PUNAM VERMA Vs. RAJPAL VERMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution read with Section 482 of the Code of Criminal Procedure is directed against the orders passed by learned Additional Sessions Judge, Hamirpur on July 22, 2003 in a criminal revision whereby the orders of learned Additional Chief Judicial Magistrate Badsar regarding enhancement of the maintenance allowance to the Petitioner were up-held.

(2.) The facts for the disposal of this petition are:

(3.) Poonam Verma, the Petitioner, is daughter of Respondent Raj Pal Verma. Poonam Verma was granted maintenance of rupees 400 per month, under Section 125 of the Code of Criminal Procedure, on February 3, 1998 by the learned Judicial Magistrate 1st Class, Hamirpur. In August, 2002, the Petitioner laid a petition, under Section 127 of the Code for enhancement of the maintenance allowance to rupees 1,500 per month on the grounds that the circumstances under which the maintenance allowance of rupees 400 were granted have materially changed. The Petitioner was studying in B. Com. Part-I. The prices of consumable items have increased. The changed circumstances call for enhancement of amount of maintenance to rupees 1,500 per month. The Respondent father took a stand before the learned Magistrate that the Petitioner has attained the age of 18 years and he had already paid the maintenance allowance at rupees 400 upto 1.12.2005 and that his wife, the mother of the Petitioner, is also a Teacher who can also pay for the studies of the Petitioner. It was also pleaded that there is no change in the circumstances and therefore, no enhancement of the maintenance allowance was called for.