JEEWANI Vs. SHIMBU

JUDGEMENT

(1.) The instant petition u/s 482 Cr.P.C. has been filed by Jeevani against the order dated 20/5/2003 passed by the learned Add!. Sessions Judge No.2, Sikar in Criminal Revision Petition No. 51/03 whereby the order dated 4/10/2002 rejecting his application u/s 127(1) Cr.P.C. for enhancement of maintenance passed by the learned Chief Judicial Magistrate, Sikar has been affirmed in Criminal Misc.Application No. 499/01.

(2.) I have heard learned counsel for the petitioner and have also perused the impugned order dated 20/5/2003 as also the order dated 4/10/2002 passed by the learned Chief Judicial Magistrate, Sikar.

(3.) Both the courts below have held as a fact that non-petitioner husband is aged 65 years and is ailing. There is also no increase in his income. He is unable to earn more. There is no change in the circumstances of the petitioner. Therefore, there is no ground to enhance the amount of maintenance already awarded to her. The orders under challenge do not appear to be illegal improper or incorrect on facts.