CHAIN SINGH Vs. KAVITA

JUDGEMENT

(1.) By way of this revision petition, petitioner has challenged the order passed by the Court of learned Judicial Magistrate, 1st Class, Kandaghat, Solan in Case No. 131/4 of 2013, dated 21.10.2014, vide which on an application filed by the present respondent under Section 127 of the Code of Criminal Procedure, learned Court below has enhanced the amount of maintenance ordered to be paid by the present petitioner to respondent-wife from Rs.2500/- to Rs.4500/-.

(2.) Brief facts necessary for the adjudication of this case are that respondent claiming herself to be legally wedded wife of present petitioner filed a petition under Section 125 of the Code of Criminal Procedure in the year 2002 and maintenance to the tune of Rs.500/- was awarded to her initially and thereafter, said amount of maintenance was enhanced to Rs.2500/- in the year 2004 on the basis of an application which had been so filed by the respondent before the learned Court below. Thereafter, in the year 2013, again an application was preferred by the respondent under Section 127 of the Code of Criminal Procedure praying therein that the maintenance earlier awarded in her favour be enhanced taking into consideration the considerable elapse of time as well as increase in the price index and also in view of the factum of income of husband having increased considerably. Learned trial Court vide order under challenge ordered the enhancement of maintenance amount from Rs.2500/- per month to Rs.4500/-per month in favour of the wife. While passing the said order, learned Court below took into consideration the evidence on record, which demonstrated that the present petitioner had retired as Superintendent from the Court of Civil Judge (Junior Division), Kandaghat in the year 2013 and at the time of his superannuation, salary he was earning was approximately Rs.49,000/-. Learned Court below also took note of the fact that at the time of superannuation, the present petitioner had received GPF to the tune of Rs.18,67,344/- and considerable amount as Death-cum-Retirement Gratuity. Learned trial Court also took note of the fact that the present petitioner was also receiving pension to the tune of Rs.15,000/- to Rs.18,000/- per month. Learned Court below also took into consideration that the present respondent who was working as MDM mid day meal worker since 10.09.2008 was receiving a meager amount of Rs.10,000/- per annum. It was on these bases that learned Court below enhanced the amount of compensation in favour of the present respondent from Rs.2500/- to Rs.4500/-.

(3.) Feeling aggrieved by the said order, the present petitioner has filed this revision petition.