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1981 Supreme(J&K) 66

A.S.ANAND
Bansi Lal – Appellant
Versus
Pushpa Devi – Respondent


Advocates Appeared:
Advocate For Appellant: K.S. Puri
Advocate For Respondent: V.S. Malhotra

(1) The respondent had been awarded maintenance allowance under Sec. 488 Cr. P. C. at the rate of Rs. 30/- per month. She applied for an increase in the said allowance by filing an application under Sec. 489 Cr. P. C. The learned Judicial Magistrate 1st Class, Jammu, vide his order dated 23-10-1980 held that the circumstances had changed and on account of these changed circumstances enhancement in the maintenance allowance was warranted. He accordingly increased the maintenance allowance from Rs. 30/- to Rs. 70/-per month, with effect from the date of institution of the application u/s 489 Cr. P. C. Aggrieved, the petitioner-husband approached the learned Sessions Judge, Jammu, against the order of enhancement, but his revision was dismissed. He has now come to this court invoking its revisional jurisdiction.

(2) The short, though important, question which requires determination in this petition is: Whether the court has power to order alteration of allowance to be paid with effect from the date of the application seeking alteration or it can order the alteration only with effect from the date of the order?

Section 489 (1) Cr, P. C. reads as follows:

"489. Alteration in allowance





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