- (1.) This criminal miscellaneous petition under Section 482 Cr.P.C. is directed against the order dated 24.01.2006 passed by, the Additional Sessions Judge, Barmer (for short, "the Revisional Court") whereby the revision petition filed by the petitioner against the order dated 15.10.2004 passed by the Judicial Magistrate, First Class, Barmer (for short "the trial Court, has been dismissed.
(2.) I have heard learned counsel for the parties.
(3.) It is contended by learned counsel for the petitioner that the respondent filed an application under Section 127 Cr.P.C. seeking modification/enhancement of the monthly allowance of maintenance, which came to be allowed by the trial court vide order dated 15.10.2004 without there being any proof for increase in the monthly allowance of maintenance. It is further contended that the trial court fell in error in granting the monthly allowance of maintenance from the date or application instead of date of order. Learned counsel has relied on few decisions of this Court wherein it has been held that modification in monthly allowance of maintenance should be from the date of order and not from the date of application. A reference is made to the decisions of this Court in Chhotu Singh & Anr. v. Smt. Ramdini, 2003 2 DMC 197 and in Raj Kumar v. Mst. Shanta Bai, 2002 2 CCC 251;