MST. SHANTI Vs. BRIJ MOHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the orders passed by the courts-below.

(2.) Initially, the maintenance allowance was allowed to the petitioner was Rs. 100.00 per month and at that relevant time the salary of the non-petitioner was Rs. 500.00 per month. Thereafter, an application for enhancement of maintenance allowance was moved by the petitioner before the learned MJ.M. No. 2, Sawai Madhopur and he enhanced the maintenance allowance from Rs. 100.00 per month to Rs. 250.00 per month vide his order dated 28th April, 1990. In a revision petition filed by the petitioner before the learned Sessions Judge, Sawai Madhopur he up-held the order passed by the learned MJ.M. No. 2, Sawai Madhopur.

(3.) Being aggrieved with the orders of both the courts-below, the petitioner has filed this misc. petition under S. 482 Crimial P.C. It is submitted by the learned counsel for the petitioner that both the courts-below have gone wrong in allowing only of Rs. 250.00 per month as maintenance allowance to the petitioner while the salary of the non petitioner is Rs. 2,500.00 per month. When the petitioner was getting Rs. 500.00 as salary Rs. 100.00 was allowed to the petitioner as maintenance i.e. ⅕th of the salary of the non-petitioner. If we take ⅕th of the salary Rs. 2,500.00 of the non-petitioner the maintenance allowance comes as Rs. 500.00. Therefore, Rs. 500.00 should be allowed to the petitioner as maintenance allowance.