Criminal Procedure Code, 1973
Section 125—Maintenance—Prayer for enhancement—Trial court granted monthly maintenance of rupees five thousand to the revisionist from the date of presentation of application—Deduction of rupees nine thousand per month made for payment of monthly installment for personal loan is not permissible and it should be added in the net income of monthly income of the second opposite party—Neither any documentary evidence has been produced by second opposite party to prove that he is spending monthly amount for treatment of his parents nor any documentary evidence produced by him in support of earning of earning of the revisionist—Merely on the ground that revisionist is B.A. Pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself—25% of the husband’s net salary would be just and proper to be awarded as maintenance to wife—Prayer for enhancement of maintenance allowance made by revisionist is allowed and she will be entitled for rupees ten thousand per month, which is approximately 25% of the net income of husband, as maintenance allowance—Petition allowed.
[Paras 14 to 22]
Section 397—Criminal revision—Maintainability of—Prayer for enhancement of maintenance—Contention that since there is a statutory provision for enhancement of the amount of maintenance allowance under Section 127 of CrPC, the criminal revision for such enhancement is not maintainable—Alteration of maintenance allowance under Section 127 of CrPC can be done by the trial court on the ground of change of circumstances as mentioned in that section—In case, the person in whose favour maintenance allowance is passed, assailing the amount of maintenance allowance on the ground that it was fixed against the evidence on record, he/she can file criminal revision to the court and court shall has jurisdiction to decide it.
[Paras 7 to 11]