SURAJMAL SAO @ SURAJMAL SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 05.07.2014 passed by Principal Judge, Family Court, Garhwa in Misc. Case no. 31/2011, whereby he directed the petitioner to pay maintenance allowance at the rate of Rs. 5000.00 per month to the children of opposite party no.2 till the payment of arrears and, thereafter, pay maintenance allowance at the rate of 4000.00 per month.

(2.) Learned counsel for the petitioner submits that it is clear from the prayer made by the opposite party no.2 that she has claimed Rs. 1000.00 per month each for her two children, but the court below without assigning any reason had enhanced the maintenance amount, which is against the law.

(3.) Learned counsel for the opposite party no.2 submits that as per Sec. 125(1) of the Cr. P.C.the Magistrate can direct the respondents to pay such amount as maintenance allowance, as he thinks fit, therefore,there is no illegality in enhancing the maintenance amount.