GARG, J. - (1.) THIS revision petition has been filed by the petitioner against the order dated 23. 9. 1999 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar in Criminal Revision No. 53/94 by which the he allowed the revision petition filed by the respondents and enhanced the maintenance allowance.
(2.) THE facts giving rise to this revision petition are as follows:- i) Through order dated 26. 10. 94, the application of the respondents filed under Section 125 Cr. P. C. was accepted by the learned Judicial Magistrate, First Class No. 2, Sri Ganganagar and the learned Judicial Magistrate awarded maintenance to respondents in total Rs. 850/- (Rs. 300/- per month to respondent No. 1 and Rs. 200/, 200/ and 150/- per month to respondents No. 2 to 4, respectively. Aggrieved from that order, the respondents filed a revision petition before the learned Additional Sessions Judge and prayed that the amount which was granted by the learned Judicial Magistrate No. 2 was not sufficient and the maintenance allowance may be increased. The learned Additional Sessions Judge No. 2, Sri Ganganagar vide judgment dated 23. 9. 99 accepted the revision petition and enhanced the maintenance allowance to Rs. 2000/- from Rs. 850/- each to the respondents ). Aggrieved from this judgment, this revision petition has been preferred. In this revision petition, the only contention raised by the learned counsel for the petitioner is that the Additional Sessions Judge has no power to enhance the maintenance as this power lies with the Magistrate who passed earlier order.
(3.) I have heard both. For alteration in allowance, Sec. 127 Cr. P. C. may be referred to. Section 127 Cr. P. C. makes a provision (1) for alteration of allowance on the proof of change in the circumstances of the parties, (2) for cancellation or variation of allowances in consequence of a decision of a competent civil Court, (3) for cancellation of allowances ordered after divorce and (4) for taking into consideration the amount of allowance ordered under Sec. 125 in a Civil Court. ;