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2008 DIGILAW 2589 (RAJ)

Geeta Devi v. State of Rajasthan

2008-11-25

MANAK MOHTA

body2008
JUDGMENT 1. - Heard learned counsel for the parties and perused the record. 2. This revision petition has been filed by Smt. Geeta Devi w/o Devender Kumar and her son Keshav, against the order passed by the learned Addl. Sessions Judge, Sangaria dated 20.08.08 in criminal revision petition No. 52/2008 filed by the husband Devender Kumar, by which the learned Sessions Judge modified the order dated 05.07.08 passed by the Addl.Chief Judicial Magistrate, Sangaria, District Hanumangarh in Cri. Misc. Case No. 155/05 and reduced the maintenance awarded by the learned Magistrate from Rs. 1500/- to Rs. 800/-. 3. The brief relevant facts of the case, for the just disposal of this revision petition are that it is revealed from the record that vide order dated 29.08.98 in criminal misc. petition No. 19/94 filed under section 125 Cr.P.C. by Smt. Geeta Devi (wife) against her husband Devender Kumar, for awarding maintenance. In that petition, it reveals that by compromise, maintenance of Rs. 300/- per month was awarded to Smt. Geeta Devi and Rs. 400/- was awarded to her son Keshav. In this way, in total Rs. 700/- was awarded thereby. Thereafter, it is reveled from the record that Smt. Geeta Devi filed an application on behalf of herself and her ;son Keshav under section 127 Cr.P.C. for the enhancement of the compensation awarded to her of Rs. 700/- to Rs. 2,500/- on 19.07.05. In that application it was stated that in the year 1998, by consent, Rs. 700/- was awarded to her for maintenance, during the period prices have been raised by a very higher level, therefore, request was made to enhance the maintenance for herself as well as for her son Keshav from 700/- to Rs. 2,500/-. 4. A reply to that application was filed on behalf of Devendar Kumar , husband, denying the sources to pay higher maintenance. The learned Magistrate, after hearing both the parties, vide order dated 05.07.08, considering the material placed by both the parties, awarded Rs. 1,500/- as maintenance to the petitioner Smt. Geeta Devi and dismissed the application to the extent of Keshav, as he became major by that time. Being aggrieved by that order, revision petition was filed by husband Devender Kumar before the Addl. Sessions Judge, Sangaria. The learned Sessions Judge, after hearing both the sides, reduced the maintenance amount from Rs. 1,500/- to Rs. 800/- vide the impugned order dated 20.08.08. Being aggrieved by that order, revision petition was filed by husband Devender Kumar before the Addl. Sessions Judge, Sangaria. The learned Sessions Judge, after hearing both the sides, reduced the maintenance amount from Rs. 1,500/- to Rs. 800/- vide the impugned order dated 20.08.08. Against that order the petitioner wife Smt. Geeta Devi has filed the present revision. 5. Notice of this revision petition was given to the respondent, record was called and arguments were heard. 6. During the course of arguments, learned counsel for the revision petitioner stated that the learned Magistrate, after considering full facts, rightly enhanced the amount of maintenance to Rs. 1500/- per month to the petitioner but the learned Addl. Sessions Judge, without assigning any good cause, has reduced the amount of maintenance , that is not justified. He has not properly considered the material available on record and passed an erroneous and incorrect order. A prayer was made to quash the said order and restore the order passed by the learned Magistrate and allow the revision petition. 7. Learned counsel appearing on behalf of the husband non-petitioner refuted the contention and stated that the amount awarded by the learned Magistrate, was extremely on the higher side. The learned Sessions Judge has rightly reduced the awarded reasonable amount of maintenance and prayed that, that order may be maintained and the revision may be dismissed. 8. I have considered the rival submissions and perused the material available on record. 9. Vide order dated 05.07.08 the learned Magistrate enhanced the maintenance amount with regard to Smt. Geeta from Rs. 300/- to Rs. 1,500/- and by the same order the learned Magistrate rejected the prayer for enhancement with regard to Keshav. But considering the facts of the case, the amount seems excessive. The learned Sessions Judge , vide order dated 20.08.08 has modified the order and maintained the maintenance amount upto Rs. 800/- . In this respect, I have seen the evidence adduced by both the sides. From the record it is revealed that in 1998 an amount of Rs. 300/- was determined with regard to Smt. Geeta Devi with the consent. During the subsequent period, prices of essential commodities have rised much higher. Taking into consideration all these aspects, a reasonable amount should have been enhanced. The learned Sessions Judge has modified the maintenance amount from Rs. 1500/- to Rs. 800/-. That is also not found justified. 300/- was determined with regard to Smt. Geeta Devi with the consent. During the subsequent period, prices of essential commodities have rised much higher. Taking into consideration all these aspects, a reasonable amount should have been enhanced. The learned Sessions Judge has modified the maintenance amount from Rs. 1500/- to Rs. 800/-. That is also not found justified. Considering the facts, the maintenance amount awarded to Smt. Geeta Devi of Rs. 300/-is just and reasonable to be enhanced to Rs. 1,000/-. The learned Sessions Judge has not assigned reason for reducing Rs. 1,500/- to Rs. 800/-. Therefore, the order passed by the learned Judge to this extent, is not sustainable and it is partly modified to this extent that the maintenance amount of Rs. 300/- awarded to Smt. Geeta Devi is enhanced to Rs. 1,000/-. 10. The learned Magistrate has considered the age of Keshav and rightly has rejected the prayer to enhance the amount. Further, the learned Magistrate, taking into consideration the other factors, has awarded enhanced maintenance from the 01.03.08. That is maintained. 11. In the result, this revision petition is partly allowed. The order passed by the Sessions Judge dated 05.07.08 is modified to this extent that the amount determined of Rs. 800/- is modified and enhanced to Rs. 1,000/-. Smt. Geeta Devi will be entitled to receive the enhanced amount of Rs. 1,000/- per month from the date determined by the learned Magistrate. Rest of the judgment is maintained.Revision Petition Partly Allowed. *******