P. Sam Koshy, J.

The present Cr.M.P. has been preferred challenging the order dated 27.07.2015 passed by the Additional Sessions Judge Mungeli in Criminal Revision No. H 01/2015 and the order dated 11.12.2014 passed by Judicial Magistrate, First Class (J.M.F.C.), Mungeli in Misc. Criminal Case No. 37/2013.

2. The relevant facts for the adjudication of the present Cr.M.P. is that the present Applicant-Petitioner admittedly is the wife of the Non-applicant (For the sake of convenience the Applicant and Non-applicant shall hereinafter be referred as wife and Husband respectively). The marriage between the parties took place somewhere in the year 1989. However, barely after about 4 years of married life the relationship between the two got strained and the two disputing parties started staying separately.

3. In the year 1999 proceeding under Section 125 of CrPC was initiated by the wife for grant of maintenance against the husband. Vide order dated 21.01.1999 the said proceeding under Section 125 of the CrPC culminated by an order in favour of the wife wherein the Court below i.e. the J.M.F.C. allowed the application and ordered for payment of Rs. 1000/- p.m. as maintenance to the wife and Rs. 500/- p.m. to the son born from the wife and the husband who was being brought up by the wife.

4. In due course of time since the son attained age of majority the grant of maintenance to the son has stopped. That in the year 2004 the wife has filed an application under Section 127 of the Cr.P.C. for enhancement of the maintenance amount but vide order dated 20.06.2005 the said proceeding for enhancement got dismissed. That on 14.06.2013 another application under Section 127 of the Cr.P.C. was filed before the J.M.F.C., Mungeli seeking for enhancement of the maintenance amount. The Court below after hearing the parties vide order dated 11.12.2014 allowed the application under Section 127 of the Cr.P.C. and enhanced the maintenance amount from Rs. 1000/- to Rs. 2000/- to be paid by the husband monthly to the wife.

5. The main contention of the wife before the Court herein is that the claim for enhancement was filed in due course of time after the salary of the husband has been increased manifold, therefore the maintenance payable to the wife also should have enhanced proportionately. She should be given sufficient amount of money with which she could easily sustain herself and maintain a decent standard of living commensurate with the status of the husband who is working as Chief Executive Officer at Janpad Panchayat, Kabirdham.

6. The said order dated 11.04.2014 passed by the J.M.F.C. Mungeli enhancing the maintenance amount from Rs. 1000/- to Rs. 2000/- was put to challenge before the Sessions Court at Mungeli on the ground that the amount enhanced was insufficient taking into consideration the salary of the husband, which was registered as Criminal Revision No. H 01/2015. The Revisional Court also vide the impugned order dated 27.07.2015 rejected the Revision Petition leading to the filing of the present Cr.M.P.

7. Learned Counsel for the Applicant submits that the proceedings under Section 125 of the CrPC is a beneficial legislation enacted by the law makers with a clear intention and object of protecting wives from being harassed and tortured and also with an intention that in a given circumstance under compulsion if the wife has to stay separately from her husband then she should be provided sufficient money with which she could maintain herself. It was also submitted that while the issue of maintenance is decided it is of prime importance for the Magistrate/Court deciding the application under Section 125 of the CrPC to consider the status and position of the husband. While quantifying the maintenance amount the status and position of the husband should also be given due weightage. In other words the amount of maintenance to be provided to the wife should be commensurate to the status of the husband and the amount should be such with wh