LAWS(RAJ)-2002-3-37

CHHOTU SINGH Vs. RAMDINI

Decided On March 19, 2002
CHHOTU SINGH Appellant
V/S
RAMDINI Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 29-3-2001 passed by the learned Judge, Family Court, Jodhpur in Case No.81/94 by which he partly accepted the application filed by the respondent under S. 127, Cr. P.C. for enhancement of the maintenance allowance awarded to the respondent earlier vide order dated 29-4-1985 and enhanced the amount of maintenance to be paid by petitioner No. 2 from Rs. 100.00 to Rs. 300.00.

(2.) The facts giving rise to this revision petition are as follows : (i) The respondent-wife filed an application under S. 127 Cr. P.C. in the Court of Judge, family Court, Jodhpur on 23-5-94 stating that vide order dated 29-4-85 passed by the Judicial Magistrate No. 5, Jodhpur, she was awarded Rs. 400.00 per month as maintenance and out of Rs. 400.00, Rs. 300.00 were to be paid to her by the petitioner Chhotu Singh, who is her husband and Rs. 100.00 were to be paid by petitioner No. 2 Om Prakash who is her son.

(3.) Aggrieved from the order dated 29-4-1985, the present petitioners preferred a revision before the Sessions Judge, Jodhpur which was transferred to the Court of Additional Sessions Judge No. 1, Jodhpur who vide his judgment dated 29-6-86 accepted the revision petition filed by the petitioners partly and allowed maintenance of Rs. 200.00 in place of Rs. 300.00 to be paid to respondent-wife by her husband petitioner No. 1 and order of paying maintenance of Rs. 100.00 per month by petitioner No. 2 was maintained. Thus, in total, Rs. 300.00 were ordered to be paid by the present petitioners.