BANSI LAL Vs. PUSHPA DEVI

JUDGEMENT

(1.) THE respondent had been awarded maintenance allowance Under Section 488 Cr. P. C. at the rate of Rs. 30/- per month. She applied for a increase in the said allowance by filing an application Under Section 489, Cr. P. C. The learned Judicial Magistrate 1st class, Jammu, vide his Order dated 23-10-1980 held that the circumstances had changed and on account of those changed circumstances, enhancement in the maintenance allowance was warranted. He accordingly increased the maintenance allowance from Rs. 30/- to Rs, 70/- per. with effect from the date of the application under Section ; 489 Cr. P. C. Aggrieved, the petitioner husband approached the learned Sessions Judge, Jammu, against the order of enhancement, but his revision was dismissed. He has now come to this Court invoking its revisional jurisdiction.

(2.) THE short, though important, question which requires determination in this petition is : Whether the Court has power to order alteration of allowance to be paid with effect from the date of the application seeking alteration or it can order the alteration only with effect from the date of the order?

(3.) SECTION 489 (1) Cr. P. C. reads as follows : 489. Alteration in allowance. (1) On proof of a change in the circumstances of any person receiving Under Section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may make such alteration in the allowance as he thinks fit; Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole be not exceeded.