KRISHAN LAL Vs. KRISHNA DEVI

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 26 -8 -1985 passed by the learned Sub Judge, Judicial Magistrate First Class, Jammu dismissing the application of the petitioner in the execution proceedings Under Section 488 Cr.P.C., for cancellation of an order enhancing the maintenance allowance in favour of the respondents.

(2.) THE perusal of record shows, that the petitioner is the husband of the respondent No. l and the father of the respondent No. 2. On their desertion, they had filed an application under section 488 Cr.P.C., against the petitioner for getting maintenance allowance from him, in the Court of the learned City Magistrate, Jammu The application was allowed and the petitioner was directed to pay Rs.45/ - and Rs. 30/ - to the respondents as monthly maintenance allowance respectively. The order was passed as for back as on 4th of June, 1978 Later on, another application was filed by the respondents for enhancement of the said allowance. The learned Magistrate granted the application and enhanced the said allowance from rs 45/ - to Rs 80/ - and from Rs. 30/ - to Rs 70/ - per month in favour of the respondents respectively. On the failure of the petitioner to make the payments of the said allowance to the respondents, they filed an application for its enforcement on 3 -1 -1983 before the learned city Magistrate. In the meanwhile, the case was transferred from the file of the learned Sub Judge, Judicial Magistrate. The petitioner filed an application for cancellation of the order of maintenance and also the order enhancing the same, which was dismissed by the learned Sub Judge, Judicial Magistrate, and hence this revision.

(3.) I have heard the learned counsel for the parties and have thoroughly examined the record.