INDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH the consent of the parties, both the matters have been taken up for their final disposal.

(2.) CR . Revision No. 300 of 2009 has been filed by Smt. Indu Devi (hereinafter referred to as &aposthe wife&apos) claiming to be wife of opposite party no.2 Laleshwar Jha (herein after referred to as &aposthe husband&apos). She has assailed the validity and correctness of order dated 28.11.2008 passed in Maintenance Misc. Case No.25 of 2008 by learned Principal Judge, Family Court, Saharsa, whereby her petition filed under section 127 Cr. P.C. has been allowed and the quantum of maintenance has been enhanced from Rs. 500/ - per month to Rs.1,000/ - per month only. She has prayed for further enhancement of the quantum of maintenance in proportionate to the income of her husband Laleshwar Jha.

(3.) IT is admitted case of the parties that the wife had originally filed a petition under section 125 Cr. P.C. claiming maintenance from the husband on the ground that she is the legally wedded wife of the husband, and marriage between them was solemnized in the year 1964 according to Hindu rituals and from their wedlock two daughters and one son were born. It was also the case of the wife that though husband is having sufficient means, yet he is refusing to maintain her. On the basis of the aforesaid petition filed under section 125 Cr. P.C. on behalf of the wife, Misc. Case No. 122 of 1989 was registered in the court of learned Judicial Magistrate, 1st Class, Saharsa. Notice was issued to the husband and in response to the notice he entered appearance in that proceeding and filed his show cause resisting the prayer made on behalf of the wife for grant of maintenance.