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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S. RANA, J.
Girdhari Lal, son of Shri Sher Singh - Petitioner
Versus
Shashi Kumari, wife of Shri Girdhari Lal - Non-Petitioner
Cr.M.M.O. No. 255 of 2014.
Decided on : 05-12-2016
Maintenance Allowance - Petition under Section 482 Cr.P.C. - Code of Criminal Procedure 1973 - Section 127, Section 397 - Section 127 Cr.P.C., AIR 1999 SC 3348, 1998 Cr.L.J. 1312 - The court discussed the grounds for accepting the petition under Section 482 Cr.P.C. and the legal provisions related to maintenance allowance. It highlighted the principles of enhancing maintenance allowance under changed circumstances, the objective of preventing vagrancy and destitution, and the court's ability to take judicial notice of inflation and rising cost of commodities for enhancing maintenance allowance.
Fact of the Case:
Smt. Shashi Kumari filed a petition for enhancement of maintenance allowance under Section 127 of the Code of Criminal Procedure 1973, stating that her husband maltreated her and ousted her from their matrimonial house. She sought an increase in maintenance allowance from Rs.500 to Rs.5000 per month due to her husband's income and the increase in the price index.
Finding of the Court:
The court found that the wife was entitled to reasonable maintenance allowance and that the order of the learned Sessions Judge was based on positive, cogent reasons. It held that the maintenance allowance granted was reasonable and dismissed the petition.
Issues: 1. Whether the petition filed under Section 482 Cr.P.C. is liable to be accepted as per grounds mentioned in the petition? 2. Final Order.
Ratio Decidendi: The court held that maintenance allowance can be enhanced under Section 127 Cr.P.C. due to changed circumstances, such as the rise in prices. It emphasized the objective of preventing vagrancy and destitution and the court's ability to take judicial notice of inflation and rising cost of commodities for enhancing maintenance allowance.
Final Decision: The petition was dismissed, and the file of the learned Sessions Judge Mandi and the file of the learned Judicial Magistrate Joginder Nagar District Mandi H.P. were sent back forthwith. Cr.MMO No. 255 of 2014 was disposed of.
P.S. Rana, J.
Order Present petition is filed under Section 482 Cr.P.C. against order dated 2.6.2014 passed by learned Sessions Judge Mandi District Mandi H.P. whereby learned Sessions Judge Mandi accepted revision petition filed under Section 397 of Code of Criminal Procedure 1973 by Smt. Shashi Kumari and enhanced maintenance allowance to the tune of Rs.2000/- (Rupees two thousand) per month from the date of order.
Brief facts of the case
2. Smt. Shashi Kumari filed petition under Section 127 of Code of Criminal Procedure 1973 for enhancement of maintenance allowance. It is pleaded that Smt. Shashi Kumari is legally wedded wife of Girdhari Lal and their marriage was solemnised about 22 years ago according to Hindu rites and customs. It is pleaded that after solemnisation of marriage Girdhari Lal maltreated Smt. Shashi Kumari and also ousted Smt. Shashi Kumar from her matrimonial house. It is pleaded that maintenance allowance to the tune of Rs.500/- (Rupees five hundred) was granted to Smt. Shashi Kumari on dated 19.6.2007. It is pleaded that Girdhari Lal has constructed six shops and is earning Rs.10000/- (Rupees ten thousand) as rent from shops. It is pleaded that respondent is also employed in HPSEB and is earning Rs.5000/- (Rupees five thousand) per month. It is pleaded that total income of Girdhari Lal is Rs. 32000/- (Rupees thirty two thousand) per month from all sources. It is pleaded that due to increase in price index it is not possible to Smt. Shashi Kumari to maintain herself. It is pleaded that daughter of Smt. Shashi Kumari is college going student. It is also pleaded that Smt. Shashi Kumari is at the verge of starvation. It is pleaded that Smt. Shashi Kumari is serving as Angan Wari worker and is earning Rs.1800/- (Rupees one thousand eight hundred) per month. Prayer for enhancement of maintenance allowance from Rs.500/- (Rupees five hundred) to Rs.5000/- (Rupees five thousand) per month sought.
3. Per contra response filed on behalf of Girdhari Lal pleaded therein that Girdhari Lal is daily waged employee and is earning Rs.110/- (Rupees one hundred ten) per day. It is pleaded that Smt. Shashi Kumari is working as Angan Wari worker and is earning Rs.3000/- (Rupees three thousand) per month. Prayer for dismissal of petition sought.
4. Court heard learned Advocate appearing on behalf of petitioner and learned Advocate appearing on behalf of non-petitioner and also perused the entire record carefully.
5. Following points arises for determination in this petition:-
1. Whether petition filed under Section 482 Cr.P.C. is liable to be accepted as per grounds mentioned in petition?
2. Final Order.
Findings upon Point No.1 with reasons
6. PW1 Smt. Shashi Kumari has stated that Girdhari Lal is her husband. She has stated that her husband had beaten her. She has stated that her husband has turned her out from her matrimonial house. She has stated that she is residing in rented house and is paying Rs.1500/-(Rupees one thousand five hundred) per month as rent. She has stated that her husband is employed in Electricity board and further stated that her husband owned six shops at Bassi and is earning Rs.10000/- (Rupees ten thousand) per month as rent. She has stated that Girdhari Lal has also rented rooms and further stated that income of her husband is Rs.35000/- (Rupees thirty five thousand) per month from all sources. She has stated that Girdhari is also owner of five bighas of agricultural land. She has also stated that Girdhari also used to sell cow milk. She has stated that her daughter is residing with her. She has stated that Rs.500/- (Rupees five hundred) was granted to her as maintenance allowance on 9.6.2007. She has stated that due to increase in price index of necessary commodities she could not maintain herself. She has stated that she is employed as Angan Wari worker and is earning Rs.1500/- (Rupees one thousand five hundred) per month. She has admitted that her son Pankaj is residing with Girdhari Lal. She has
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