This is a reference by the Additional District and Sessions Judge, Bareilly dated 12-2-1971 enhancing the rate of maintenance allowance awarded to Srimati Angoori Devi wife of Balak Ram under Section 489 Cr.P.C. from Rs. 19/- per month to Rs. 75/- per month.

2. It appears that Srimati Angoori Devi had moved an application under Section 488 Cr.P.C. against her husband Balak Ram in which a compromise was arrived at between the parties. In this compromise it was agreed that Srimati Angoori Devi would be paid a monthly allowance of Rs. 19/- and that the said amount will not be increased or decreased in future. On the basis of this compromise the Magistrate passed an order on 24-5-1957 in case No. 10 of 1957 directing Balak Ram to pay Rs. 19/- per month as maintenance allowance to Srimati Angoori Devi. Sometime after the passing of the order Srimati Angoori Devi filed an application under Section 489 Cr.P.C. for enhancement of the maintenance allowance which was rejected by the Magistrate on 28-2-1968. Subsequently she again filed an application under Section 489 Cr.P.C. on 11-6-1968 against Balak Ram in the court of City Magistrate, Bareilly. This was case No. 119 of 1968. In this she again prayed for enhancement of the maintenance allowance to at least Rs. 100/- P.M. This application was rejected on 17-4-1969. Thereafter the present application which is the third in the series has been filed by Srimati Angoori Devi for enhancement of the maintenance allowance on the allegations that her husband's pay has doubled, that he was getting almost Rs. 500/- per month and that the costs of living had gone six times and the frugal amount awarded to her was most inadequate. This application was contested by Balakram on the ground that the earlier applications under Section 489 Cr.P.C. filed by Srimati Angoori Devi had been rejected and the orders of rejection had become final and that the present application was not maintainable in law. It is to be noted here that in his objection Balak Ram did not specifically deny the allegations made by his wife Srimati Angoori Devi to the effect that his income had doubled to Rs. 500/- per month since 1957 when the original order granting Rs. 19/- per month maintenance was passed in favour of Srimati Angoori Devi. The City Magistrate Bareilly has allowed this application by his order dated 12-2-1971 and has enhanced the maintenance allowance payable to Srimati Angoori Devi to Rs. 75/- from the date of application i.e. 8th September, 1970. Aggrieved thereby Balak Ram filed a revision before the Additional District and Sessions Judge Bareilly, who has made the present recommendation to this Court for quashing the impugned order of the City Magistrate dated 12-2-1971.

3. I have heard counsel for the parties and have also perused the record of the case. Counsel for Balak Ram supporting the reference has contended that the compromise entered into between Srimati Angoori Devi and her husband in the original proceedings under Section 488 Cr.P.C. was binding upon the parties and it was not open to challenge under Section 489(1) Cr.P.C. I have given my thoughtful consideration to this aspect of the matter but I do not agree with the submission made by the learned counsel. Section 489(1) Cr.P.C. runs thus :

"Alteration in allowance :- (1) On proof of a change in the circumstances of any person receiving under Section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may make such alteration in the allowance he thinks fit :

Provided that if he increases the allowance the monthly rate of five hundred rupees in the whole be not exceeded."

The compromise filed in case No. 10 of 1957 merged into the order of the court passed on 24-5-1957, It is now the court's order which is sought to be modified by the present application under Section 489(1) Cr.P.C. There is nothing in Section 489(1) Cr.P.C. quoted above, which takes away the jurisdiction