UPENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State on the aforesaid I.A. application and also on the merit of the revision application. Petitioner has filed this revision application for setting aside the order dated 05.01.2011 passed in M.P. Case No. 69 of 2006, whereby the application filed by the O.P. No. 2 (who is the wife of the present petitioner) under Section 127 of the Cr. P.C. for enhancement of the maintenance amount.

(2.) The case in brief is that the applicant-opposite party earlier filed an application under Section 125 of the Cr. P.C. i.e. M.P. Case No. 99 of 2003. After hearing both the parties the Court below directed the present petitioner to pay a sum of Rs. 1,000/- (one thousand) per month for maintenance of the applicant-opposite party and Rs. 250/- per month for each of the children by the order dated 05.01.2004. Thereafter, the petitioner filed an application for Restitution of Conjugal Right before the Principal Judge Family Court, Dhanbad in connection with T.M.S. No. 293 of 2004. In the said application the applicant-opposite party filed a petition under Section 24 of the Hindu Marriage Act for awarding her maintenance and the cost of the litigation and in the said case, Principal Judge Family Court directed the applicant-opposite party to pay of Rs. 1,000/- (one thousand) per month as maintenance and Rs. 500/- (five hundred) for cost of litigation, but it was made clear that she cannot take both amount simultaneously from the applicant-opposite party awarded in both the cases as maintenance to her.

(3.) Learned counsel for the petitioner has further contended that thereafter, the applicant-opposite party filed an application under Section 127 of the Cr. P.C. for enhancement of her maintenance amount and the said case was registered as M.P. Case No. 69 of 2006 before the Court of Principal Judge Family Court, Dhanbad. After hearing both the parties and after considering the materials, the said Court increased the maintenance amount from Rs. 1,000/- (one thousand) to Rs. 3,000/- (three thousand) per month for the wife and from Rs. 250 to Rs. 1,000/- (one thousand) per month to each of two minor children by the order dated 05.01.2011.