AHMAD SHEIKH Vs. ASMA KHATOON

JUDGEMENT

(1.) IN this application the petitioner has challenged the correctness of the order dated 26.11.2011 passed in Miscellaneous Case No. 38/2002 whereby and whereunder the maintenance amount under Section 125 of Cr.P.C. was enhanced to Rs. 2,000/ - per month.

(2.) IT has been urged by the learned counsel for the petitioner that the order for payment was stopped in 1989 and the opposite party did not challenge the said order and after almost 13 years she filed the application claiming maintenance at an enhanced rate. It is contended that non -claiming of maintenance for such a long time shows that she is capable and has sufficient means to maintain herself. In support of the contention, learned counsel for the petitioner has relied upon decision reported in 2014 (4) JBCJ, 447 (Sunita Kachwaha & Ors. v. Anil Kachwaha). He has also relied on the decision rendered in the case of D. Velusamy v. D. Patchaiammal reported in : (2010) 10 SCC 469, and referred to para 6 of the said judgment which reads as follows: - -

(3.) ON the other hand, learned counsel for the opposite party has submitted that the application has been filed under Section 125 Cr.P.C. as has been rendered in the case of Rajathi v. C. Ganesan reported in : (1999) 6 SCC 326 at para 7 it has been stated as follows: - -