JUDGMENT 1. - Heard learned counsel for the parties and perused the orders passed by the courts-below. 2. Initially, the maintenance allowance was allowed to the petitioner was Rs. 100/- per month and at that relevant time the salary of the non-petitioner was Rs. 500/- per month. Thereafter, an application for enhancement of maintenance allowance was moved by the petitioner before the learned MJ.M. No. 2, Sawai Madhopur and he enhanced the maintenance allowance from Rs. 100/- per month to Rs. 250/- per month vide his order dated 28th April, 1990. In a revision petition filed by the petitioner before the learned Sessions Judge, Sawai Madhopur he up-held the order passed by the learned MJ.M. No. 2, Sawai Madhopur. 3. Being aggrieved with the orders of both the courts-below, the petitioner has filed this misc. petition under S. 482 Cr.P.C. It is submitted by the learned counsel for the petitioner that both the courts-below have gone wrong in allowing only of Rs. 250/- per month as maintenance allowance to the petitioner while the salary of the non petitioner is Rs. 2,500/- per month. When the petitioner was getting Rs. 500/- as salary Rs. 100/- was allowed to the petitioner as maintenance i.e. ⅕th of the salary of the non-petitioner. If we take ⅕th of the salary Rs. 2,500/- of the non-petitioner the maintenance allowance comes as Rs. 500/-. Therefore, Rs. 500/- should be allowed to the petitioner as maintenance allowance. 4. Mr. Balvada, learned counsel for the non-petitioner has strongly objected the enhancement of the amount so claimed by the petitioner and supported the views taken by the courts-below. 5. After taking into consideration the amount of salary of the non-petitioner i.e. Rs. 2,500/- per month and also his liability I deem it proper to enhance the amount of maintenance from Rs.100/- per month to Rs. 400/- per month from 28th April, 1990 and onwards. However, considering the difficulties expressed by Mr. Balvada, learned counsel for the non-petitioner for payment of arrears, it is directed that the non-petitioner shall pay the amount of arrears, as a result of enhanced rate in three instalments i.e. 15th April, 93, 15th May, 94 and 15th June, 1994. The non-petitioner shall also pay the regular maintenance allowance at the rate of Rs. 400/- p.m. from April, 1994 onwards. The monthly allowance be paid on or before the last day of each month. 6. The non-petitioner shall also pay the regular maintenance allowance at the rate of Rs. 400/- p.m. from April, 1994 onwards. The monthly allowance be paid on or before the last day of each month. 6. The Criminal Misc. petition is partly allowed. *******