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1993 Supreme(All) 81

S.N.SAHAI, B.C.SAKSENA
HAMIDAN, DAUGHTER OF LATE GULAM JILANI – Appellant
Versus
MOHD. RAFIQ – Respondent


Advocates Appeared:
J.R.KHAN, N.U.KHAN, YASHVARDHAN SWARUP

S. N. SAHAY, J.

( 1 ) THIS appeal is directed against the order dated 8/05/1990 passed by the Additional Principal Judge, Family Court, Lucknow allowing an application of the appellant for enhancement of maintenance allowance.

( 2 ) THE appellant made an application against her husband, Mohd. Rafiq, respondent for grant of maintenance allowance to herself and her two minor children, u/ S. 125, Cr. P. C. The application was allowed on 18/07/1984 and maintenance allowance was granted to the appellant at the rate of Rs. 200. 00 per month and to her two minor children each at the rate of Rs. 75. 00 per month. The order was confirmed by this court on 17/08/1985 with the modification that the amount of maintenance was fixed at the rate of Rs. 200 / - per month for the appellant and Rs. 50. 00 per month for each of the two children. The appellant thereafter applied for enhancement of the maintenance allowance on the ground that the cost of living has increased and the children have become grown up and are now receiving education. The application for enhancement was contested by by the respondent on the ground that he has divorced the appellant and the application is not maintainable. The







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