LAWS(HPH)-1999-12-11

JAIPATI Vs. GIAN CHAND

Decided On December 16, 1999
JAIPATI Appellant
V/S
GIAN CHAND Respondents

JUDGEMENT

(1.) The petitioner aggrieved by the order dated 1-9-1998 of the learned Additional Chief Judicial Magistrate, Rohru, is before this Court by way of the present revision petition.

(2.) Briefly stated the facts of the case, leading to the present revision petition, are these. The petitioner is the wife of the respondent. She preferred a petition under Section 125, Code of Criminal Procedure, against the respondent before the learned Sub-Divisional Judicial Magistrate, Rohru on 24-7-1989. This petition came to be registered on the files of the learned Magistrate as Case No. 94/4 of 1989, vide order dated 31-12-1990, the petition under Section 125, Code of Criminal Procedure, preferred by the petitioner was allowed and maintenance at the Raie of Rs. 250/- per month was granted in her favour. It appears that during the course of the proceedings for the enforcement of the order dated 15-12-1990 some compromise was arrived at between the parties whereby a lump sum amount of Rs. 10,000/- was paid to the petitioner by the respondent towards the maintenance and on receipt of such amount the petitioner is alleged to have given up her right to future maintenance.

(3.) On 26-7-1997, the petitioner again approached the learned Additional Chief Judicial Magistrate by way of the petition under Section 125, Code of Criminal Procedure, seeking enhancement in the amount of maintenance of Rs. 250/- per month, which was granted in her favour on 25-12-1990, on the ground that keeping in view the high cost of living and the constant rise in prices maintenance amount awarded to her be enhanced to Rs. 500/- per month.