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2004 Supreme(J&K) 145

S.K.GUPTA
Surjeet Kour – Appellant
Versus
Bachittar Singh – Respondent


Advocates Appeared:
Advocate For Appellant: B.L. Kalgotra
Advocate For Respondent: Karanjeet Singh

This criminal reference arises out of proceedings under section 488 read with section 489 of the Code of Criminal Procedure.

2. It appears that on an application made by Smt. Surjeet Kour, on her behalf and on behalf of her minor children, claiming maintenance allowance under section 488 Cr.P.C., the learned Judicial Magistrate Ist Class, R. S. Pura, after hearing the parties, awarded an amount of Rs. 550/- p.m. as maintenance allowance in favour of the petitioners.

3. In view of un-precedent escalation in prices and standard of living, the petitioner- Surjeet Kour, approached the Munsiff, Judicial Magistrate, R.S. Pura, by making a motion under section 489 Cr.P.C. on 08/12/2000 seeking enhancement of the maintenance allowance granted in their favour. Surjeet Kour, further contended that the daughter of the respondent, living with her, is studying in B.A. Part-II and the maintenance allowance already granted under section 488 Cr.P.C. has become insufficient to pursue the studies of the daughter in college, both on account of increase in prices and the expenditure incurred on the purchase of books and being a student of college, to meet her requirements. The application was, however,
























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