NURSEY JOHN Vs. PREM JOHN

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, challenge has been laid to judgment dated 12.08.2014, passed by learned Sessions Judge, Shimla in Criminal Revision RBT No.22-S/10 of 2013/11, affirming the order dated 9.12.2010, passed by learned Chief Judicial Magistrate, Shimla, in case No.70/4 of 2008, whereby petitioner was awarded maintenance allowance of Rs. 8000/- per month w.e.f.22.7.2008 i.e. date of institution of the petition filed under Section 127 of Cr.P.C.

(2.) Facts, in brief as emerge from the record are that the marriage of the petitioner was solemnized with the respondent at Chamba on 18.05.1983 as per Christian rights and out of their wedlock, two daughters were born. But since the respondent failed to maintain the petitioner and her daughters, she preferred petition under Section 125 of the Code of Criminal Procedure, seeking therein maintenance from the respondent. The learned trial court granted maintenance of Rs.400/- per month.

(3.) Being aggrieved and dissatisfied with the aforesaid order of learned trial court, petitioner preferred an application under Section 127 of the Code of Criminal Procedure for enhancement of the maintenance awarded by the learned trial Court. Learned trial Court vide order dated 9.12.2010, enhanced the maintenance amount from Rs. 400/- to Rs.8000/- taking note of the fact that respondent had not been taking care of two daughters and the salary of respondent was increased after implementation of the 6th Pay Commission.