NAGIA DEVI Vs. STATE OF JHARKHAND & ANR.

JUDGEMENT

(1.) Heard Mr. Sajid Yunus learned counsel appearing for the petitioner and Mr. Ratnesh Kumar, learned counsel appearing for opposite party No. 2.

(2.) This application is directed against the judgment dated 29.6.2015 passed by the learned Principal Judge. Family Court, Dhanbad in Criminal Miscellaneous Petition No. 35 of 2014 by which the application preferred by the petitioner under Sec. 127 of Crimial P.C. for enhancement of the monthly allowance has been allowed and the opposite party No. 2 has been directed to make payment of Rs. 2,500.00 per month to the petitioner.

(3.) It has been submitted by the learned counsel for the petitioner that earlier an application under Sec. 125 of Crimial P.C. was preferred in which Rs. 1,500.00 per month was awarded as the monthly maintenance, which has an ex parte order. Subsequently, however, the application preferred by the petitioner under Sec. 127 of Crimial P.C. was allowed and only a meager amount of Rs. 2,500.00 was ordered to be paid by the opposite party No. 2 to the petitioner. Learned counsel further submitted that the learned Court below has been properly appreciated the fact that the petitioner is getting a pension of Rs. 662.00 per month and merely because the petitioners is getting pension that perhaps had weighed on One mind of the learned Court below before increasing the amount of maintenance from Rs. 1,500 to Rs. 2,500.00. Learned counsel further submitted that the opposite party No. 2 has got his job in place of the petitioner and presently he is drawing salary of Rs. 32,537.00.