The courts can take judicial notice of inflation and the enhancement of maintenance allowance under Section 127 of the CrPC can be granted retrospectively.

Amaresh Kunwar Singh, J.-Heard the learned counsel for the petitioner and the non-Petitioner No. 1.

2. The non-Petitioner No. 1 Smt. Kishni is the wife of the petitioner Dhanraj. She filed an application under Section 125, CrPC for grant of maintenance allowance to her. That application was disposed of vide order dated 25th September, 1975 by the learned Additional Munsif and Judicial Magistrate No. 1, Sri Ganganagar. Maintenance allowance to the tune of Rs. 50/-per month was granted to the non-Petitioner No. 1. A revision petition was filed before the Court of Session and the learned District Judge, Sri Ganganagar enhanced the maintenance allowance to Rs. 70/-per month. On 27th January, 1987 Smt. Kishni-non-Petitioner No. 1 submitted an application under Section 127, CrPC for enhancement of maintenance allowance. That application was allowed and the maintenance allowance was enhanced to Rs. 100/-per month. On 17th February, 1992 Smt. Kishni non-Petitioner No. I submitted another application under Section 127, CrPC for further enhancement of maintenance allowance. That application was contested by the petitioner. After hearing both the parties, the learned Additional Munsif and Judicial Magistrate No. 1, Sri Ganganagar allowed the application filed by non-Petitioner No. 1 under Section 127, CrPC and vide an order dated 8th September, 1993 enhanced the maintenance allowance from Rs. 100/-to Rs. 250/-per month. Increased maintenance allowance was made payable from the date of the presentation of the application.

3. Feeling aggrieved by the order dated 8th September, 1993 passed by the learned Additional Munsif and Judicial Magistrate No. 1 Sri Ganganagar, the petitioner Shri Dhanraj filed a revision petition, which was disposed of by the learned Additional District and Sessions Judge No. 2, Sri Ganganagar vide order dated 9th February, 1994. The learned Additional District and Sessions Judge rejected the revision petition filed by the petitioner Dhanraj.

4. Feeling aggrieved by the orders passed by the learned Additional District and Sessions Judge No. 2, Sri Ganganagar and the learned Additional Munsif and Judicial Magistrate No. 1, Sri Ganganagar, the petitioner has come to this Court with a petition under Section 482, CrPC The petitioner has been contested by the non-Petitioner No. 1.

5. Thelearned counsel for the petitioner has submitted that non-Petitioner No. 1 is living separately for the last 20 years and that she has acquired the land belonging to her father who died a few years ago, and therefore, enhancement of maintenance allowance was not justified. It is further submitted by the learned counsel for the petitioner that enhancement of maintenance allowance under Section 127, CrPC can take effect only prospectively and not retrospectively, and therefore, the enhancement of maintenance allowance cannot be granted from the date of the application filed under Section 127, CrPC It is also submitted by him that the learned Judicial Magistrate and the learned Additional District and Session Judge were not justified in taking judicial notice of “inflation” and “fall in purchasing power of the rupee” and that they have dealt with the matter in a casual manner, and therefore, their orders deserve to be quashed.

6. Thelearned counsel for the Non-petitioner No. 1 has submitted that inflation is a universal phenomena, adversely affecting the economy of several countries including our own and the Court can and they must take judicial notice of the inflation as well as the reduction in purchasing power of the Indian currency, and therefore, the learned Judicial Magistrate and the learned Additional District and Sessions Judge have not committed any error by taking judicial notice of the inflation. It is further submitted by him that it is well settled proposition of law that a party is entitled to relief with effect from the date the cause of action arises in his/her favour and in any case with effect from the date the par