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2016 Supreme(MP) 561

S.C.SHARMA
Ramaji – Appellant
Versus
Shanti Bai – Respondent


ORDER

1. The present petition has been filed against the order dated 12.5.2014 passed by learned Judicial Magistrate First Class, Petlawad by which an application preferred under section 127 of the CrPC has been allowed.

2. Facts in short reveals that initially the wife was granted maintenance to the tune of Rs.800/- by an order dated 17.1.2003. Thereafter an application was preferred under section 127 for alteration in allowance and the learned Judicial Magistrate First Class, Petlawad has passed an order on 12.5.2014 enhancing the amount to the tune of Rs.3,000/- per month. Thereafter, revision was preferred by the petitioner and by order dated 28.11.2014 revisional Court in Criminal Revision No.50/2014 and Criminal Revision No.61/2014 has upheld the order passed by the JMFC Petlawad granting maintenance to the tune of Rs.800/-. However, the amount has been awarded from the date the application was preferred under section 127 of the Code of Criminal Procedure, 1973.

3. Learned counsel for the appellant Mr. Bohra has vehemently argued before this Court that the alternation in allowance can only be done from the date of the order and not from the date of the application. Meaning there




















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