PRANAB CHAKRABARTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The captioned revisions have been filed against the order dated 23.07.2018, passed by the Principal Judge, Family Court Hazaribag, in Misc. Case No.72 of 2015, whereby the petition filed under Section 127 Cr.P.C by O.P. No.2/Wife (Petitioner in Cr. Revision No. 1355 of 2018) has been allowed and the petitioner/husband (Petitioner in Cr. Revision No. 1281 of 2018) has been directed to pay the enhanced maintenance amount of Rs.12,500/ from the date of filing of the application. That O.P. No.2/wife is aggrieved since her prayer for enhancement of the maintenance amount from Rs.5,000/- to Rs.25,000/- has not been considered and maintenance has been granted for Rs.12,500/- (Twelve thousand five hundred only) and the husband is aggrieved by the order whereby the maintenance amount has been enhanced from Rs.5,000/- per month to Rs.12,500/- per month.

(2.) Criminal Revision No.1281 of 2018 has been preferred by the husband and Criminal Revision No.355 of 2018 has been preferred by the wife. Since both the revisions are directed against the common order dated 23.07.18, therefore, they are heard together and are being disposed off by this common order.

(3.) Learned counsel for the petitioner/husband has submitted that the court below has failed to appreciate that earlier, on mutual consent, both the parties, O.P. No.2/wife had agreed that maintenance amount of Rs.2,000/-, at Annexure-1, would be sufficient to meet her needs. Thereafter, O.P. No.02 filed Misc. Case No.12 of 2009 and vide order dated 28.02.2012, the petitioner was directed to pay the enhanced amount of Rs.5,000/- per month to O.P. No.02. That the petitioner was paying the enhanced amount of Rs.5,000/- (five thousand) to O.P. No.02. That O.P. No.02 again filed Misc. Case No.72 of 2015 under Section 127 Cr.P.C and the court below has passed the order to pay maintenance at the enhanced rate of Rs.12,500/-.