Case Note & Summary
The petitioner, Gangadhar Narhari Kedare, is the husband of the respondent, Sonyabai Gangadhar Kedare. The respondent-wife had initially filed an application under Section 125 of the Code of Criminal Procedure, 1973, for maintenance, which was granted at Rs.250 per month. Subsequently, the wife filed an application under Section 127(1) of the same Code seeking enhancement of the maintenance amount. The Judicial Magistrate First Class enhanced the monthly maintenance to Rs.1000 from the date of the order. Both parties challenged this order by filing separate revision applications. The husband's revision was dismissed by the Additional Sessions Judge, Niphad, by judgment and order dated 18th January 2005. The husband then filed the present criminal writ petition challenging the revisional order. The High Court heard the petitioner's counsel and noted that the quantum of maintenance enhanced to Rs.1000 per month was reasonable and not excessive. The court found no error in the impugned order and dismissed the petition, upholding the enhanced maintenance.
Headnote
A) Criminal Procedure - Maintenance - Enhancement under Section 127 CrPC - The wife sought enhancement of maintenance from Rs.250 to Rs.1000 per month under Section 127(1) of the Code of Criminal Procedure, 1973 - The Magistrate allowed the enhancement - The husband challenged the order in revision, which was dismissed by the Additional Sessions Judge - The High Court held that the quantum of Rs.1000 per month was reasonable and not excessive, and no interference was warranted (Paras 1-4).
Issue of Consideration
Whether the enhancement of maintenance from Rs.250 to Rs.1000 per month under Section 127(1) CrPC was justified and whether the revisional court erred in confirming it.
Final Decision
The High Court dismissed the petition, upholding the order of the Additional Sessions Judge and the enhanced maintenance of Rs.1000 per month.
Law Points
- Maintenance enhancement under Section 127 CrPC
- Reasonable maintenance quantum
- No interference in revision
