VINOD KUMAR Vs. SAROJ

JUDGEMENT

(1.) Aggrieved by the order granting additional compensation to wife and children by learned Addl. Chief Judicial Magistrate, Hanumangarh in Criminal Case No.129/2004 while passing order on application under Sec.127 of the Crimial P.C., the husband of respondent No.1 and father of respondent No.2 & 3, who are respectively minor daughter and son, the petitioner, has preferred the present Revision Petition under Sec.397/401 of Cr.P.C.

(2.) It is not in dispute that petitioner was married with respondent No.1 Saroj on 13.03.1994 and out of their wedlock two children respondent No.1 & 2 Pooja and Gopal were born, however, the husband and wife could not remain unite and as it was alleged that despite giving dowry articles including Rs. 11,000 cash and one Chetak Scooter, the husband and his family members were not satisfied and were making demands for a motor cycle and Rs.31,000 in cash and for that were cruelly behaving with Saroj, a panchayat was held but later on after behaving properly for a short period, they again started ill-treating her and after beating she alongwith her daughter was turned out of the matrimonial house. A criminal case was filed but she was inducted back in the matrimonial home assuring that in future she would not be behaved cruelly, however, when the husband came to know about filing negative Final Report in the matter, he again turned her out of the house and thereafter she gave birth to a male child at her parental house. To maintain herself and the children, she moved an application under Sec.125 of the Crimial P.C. narrating the facts and circumstances so also giving details about the income sources of her husband. The husband refuted the averments made by wife and prayed for rejection of the application with costs. After adducing evidence by parties, arguments were heard and the learned Addl. Chief Judicial Magistrate, Hanumangarh vide order dated 01.11.2000 allowed the application and directed payment of maintenance by petitioner Vinod Kumar Rs.500.00 per month to each of the applicants i.e. in all Rs.1500.00 per month. Thereafter, Smt. Saroj in order to meet out the uncontrollable increasing expenses on daily routine needs, study of children, medicine etc., by filing application under Sec.127 Crimial P.C. prayed for increase in the maintenance amount to Rs.2,500.00 for each of the applicants. Vinod Kumar replied the application and requested to reject the application stating that the expenses have been shown exorbitantly high while Saroj herself earns Rs.10,000.00 by running a Beauty Parlour and presently he is under financial crisis on account of closer of his shop and is serving as an accountant on a salary of Rs.2,000.00 per month.

(3.) After hearing learned counsel for parties and taking into consideration the evidence led by the parties, oral as well as documentary, the learned Court of Chief Judicial Magistrate, Hanumangarh framed issue for its determination as to whether after allowing maintenance by Court on 01.11.2000, is there any change in the circumstances, and if so, upto what extent the applicants are entitled to get the maintenance enhanced and ultimately came to the conclusion that it is just and proper that applicant Saroj is allowed additional maintenance allowance at the rate of Rs.1500.00 per month and the two children each @ Rs.1000.00 per month, irrespective of the earlier grant at the rate of Rs.500.00 per month to each of the applicant-respondents and passed the order to that effect. Hence, the present petition is filed against revision of maintenance allowance.