DHAN RAJ Vs. KISHNI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the non-petitioner No. 1.

(2.) The non-petitioner No. 1 Smt. Kishni is the wife of the petitioner Dhanraj. She filed an application under Section 125, Cr. P.C. for grant of maintenance allowance to her. That application was disposed of vide order dated 25th September, 1975 by the learned Additional Munsif and Judicial Magistrate No. 1, Sri Ganganagar. Maintenance allowance to the tune of Rs. 50/- per month was granted to the non-petitioner No. 1. A revision petition was filed before the Court of Session and the learned District Judge, Sri Ganganagar enhanced the maintenance allowance to Rs. 70/- per month. On 27th January, 1987 Smt. Kishni-non-petitioner No. 1 submitted an application under Section 127, Cr. P.C. for enhancement of maintenance allowance. That application was allowed and the maintenance allowance was enhanced to Rs. 100/- per month. On 17th February, 1992 Smt. Kishni non-peittioner No. 1 submitted another application under Section 127, Cr.P.C. for further enhancement of maintenance allowance. That application was contested by the petitioner. After hearing both the parties, the learned Additional Munsif and Judicial Magistrate No. 1, Sri Ganganagar allowed the application filed by non-peittioner No. 1 under Section 127, Cr. P.C. and vide an order dated 8th September, 1993 enhanced the maintenance allowance from Rs. 100/- to Rs. 250/- per month. Increased maintenance allowance was made payable from the date of the presentation of the application.

(3.) Feeling aggrieved by the order dated 8th September, 1993 passed by the learned Additional Munsif and Judicial Magistrate No. 1 Sri Ganganagar, the petitioner Shri Dhanraj filed a revision petition, which was disposed of by the learned Additional District and Sessions Judge No. 2, Sri Ganganagar vide order dated 9th February, 1994. The learned Additional District and Sessions Judge rejected the revision petition filed by the petitioner Dhanraj.