ANURADHA @ SHIKHA AND ANOTHER Vs. SUNIL KUMAR

JUDGEMENT

(1.) By way of this revision, petitioners Anuradha and Mohit being the wife and son respectively of the respondent Sunil Kumar have approached this Court being aggrieved of the order dated 3.6.2014 passed by the learned Addl. Sessions Judge No.1 Sri Ganganagar in revision whereby learned Revisional Court, partly accepted the revision petition filed by the respondent Sunil Kumar and modified the order dated 18.5.2013 passed by the learned Addl. Chief Judicial Magistrate No.1. Sri Ganganagar in Cr. Misc. Case No. (illegible) 2005.

(2.) The learned A.C.J.M. No. 1 Sri Ganganagar, by order dated 18.5.2013, accepted the application filed on behalf of the petitioners under Section 127 Cr.P.C. and enhanced the maintenance amount payable to them to a sum of Rs. 4500/- in all and made the same effective from the date of filing of the application i.e. 21.9.2005. The learned Revisional Court, altered the order passed by the Magistrate to the extent that the order of enhancement in the maintenance amount was made effective from the date of filing of the application and directed that the same shall be effective from the date of the order.

(3.) Mr. Avinash Bhati for Mr. Manoj Garg, learned counsel representing the petitioners, vehemently contended that the learned. Magistrate, whilst allowing the application submitted by the petitioners under Section 127 Cr.RC. judiciously applied his mind to the facts available on record and consciously made the order of enhancement of maintenance effective from the date of filing of the application. He thus urges that the order passed by the Revisional Court, altering enhancement in the maintenance amount payable to the petitioners from the date of the filing of the application to the date of the order is totally illegal and deserves to be set aside.