RAJESH KUMAR Vs. NEELAM BHARDWAJ

JUDGEMENT

(1.) - The revision petition has been directed against the order dated 30.8.2001 passed by learned Session Judge, Kinnaur Division at Rampur Bushehar in Criminal Revision No. 8 of 2006 fixing maintenance at the rate of Rs.1200/ - per month in favour of respondent from 15.9.2005 the date of filing of the application under Section 127 Code of Criminal Procedure 1973 (for short Code)

(2.) The facts, in brief are that respondent/wife filed application under Section 125 of the Code being case No. 144 -4 of 2002 for grant of maintenance against the petitioner / husband in the Court of learned Sub divisional Judicial Magistrate, Rampur. The matter was compromised and the learned Sub divisional Judicial Magistrate on 14.10.2003 awarded maintenance at the rate of Rs.450/ - per month with effect from 1.11.2003 in favour of respondent and against the petitioner. The respondent on 15.9.2005 filed an application under Section 127 of the Code for modification of order dated 14.10.2003 which was registered as case No. 183 -4 of 2005. The respondent/wife in the application under Section 127 of the Code has alleged that the prices have increased, the petitioner is earning more than Rs.10,000/ - per month by working as an electrician. He has landed property, he can easily afford Rs.2500/ - per month as maintenance to the respondent and, therefore, prayer was made for modification of maintenance from Rs.450 to Rs.2500 per month from the date of filing of the application.

(3.) The application was opposed by petitioner/husband by filing reply. It was submitted that respondent is working with Himachal Pradesh Forest Department at Village Oddi. She is owner of an apple orchard. There is no increase of prices as alleged by the respondent. The petitioner is earning Rs.1500 per month by working as labourer with electrician. The work of petition is not continuous. The petitioner has no landed property. The petitioner can only afford Rs.450/ - per month as earlier ordered by the Court.