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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT PRINCIPAL SEAT, JODHPUR
ORDER
In
S.B. Cr. Misc. Petition No.638/2009
{Smt. Kamla Vs. The State of
Rajasthan and Another}
Date of Order :: 8th July, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri Niranjan Singh, Counsel for petitioner
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By the Court:
Heard learned counsel for petitioner.
This petition, on behalf of wife
petitioner, is directed against the order dated
5th February, 2009, passed by the Sessions
Judge, Jalore, whereby the revision of the
petitioner was allowed and the amount of
maintenance of Rs.500/-, awarded by the trial
court under Section 125, Cr.P.C., was increased
to Rs.1000/- per month. Being aggrieved with
the same, the present petition has been
preferred for enhancement of the amount of
maintenance.
The submission of learned counsel for the
petitioner is that the trial court and the
revisional court both misread the statement of
PW-1 Smt. Kamla and committed an error in less
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awarding/enhancing the amount of maintenance.
It is contended that she demanded Rs.2500/- per
month, therefore, both the orders are liable to
be quashed by this Court.
I have considered the submissions of
learned counsel for the petitioner. During the
course of arguments, he also referred the
statement of PW-1 Smt. Kamla, who, in her
examination-in-chief, specifically stated that
in case a sum of Rs.1000/- per month is awarded
for her maintenance then it will be
appropriate.
It appears that the judgment passed by
the Sessions Judge is based on the statement of
PW-1 Smt. Kamla herself and, in these
circumstances, I do not find any illegality or
perversity in the impugned order passed by the
Sessions Judge; even otherwise there is no
abuse of process of law so as to interfere with
the impugned order under Section 482 of the
Cr.P.C. I do not find any merit in this
petition.
Consequently the criminal miscellaneous
petition is dismissed.
(NARENDRA KUMAR JAIN), J.
//Jaiman//