GHULAM MIAN Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) This writ application has been filed against the order dated 13.02.2002 passed by 6th Additional Sessions Judge, Giridih in Cr. Rev. No.76 of 2001 whereby while affirming the order of maintenance dated 16.07.2001 passed by Judicial Magistrate, 1 st Class, Giridih in Maintenance Case No.03 of 1997 corresponding to T.R. No.736 of 2001, the learned court below enhanced the amount of maintenance.

(2.) Sri Purnendu Sharan, learned counsel for the petitioner confine this application only with respect to part of the impugned order by which learned court below enhance of maintenance allowance. It is submitted that respondents had not filed any application in the court below for enhancing maintenance allowance. Under the said circumstance, it is not open for learned court below to enhance maintenance allowance on his own. Accordingly, it is submitted that part of impugned order, by which, amount of maintenance was enhanced, cannot be sustained.

(3.) Nobody appears on behalf of Respondent Nos.2 to 4.