Smt. Usha Jayswal And ORS v. Sharda Prasad

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P.

No.

1. Smt. Usha Jayswal, w/o. Shri Sharda Prasad Jayswal, aged about 39 years,

2. Ku. Naina, D/o Shri Sharda Prasad Jayswal, aged about 15 years,

3. Ku. Jharna, D/o Shri Sharda Prasad Jayswal, aged about 12 years, Petitioners No. 2 & 3 are minor through natural Guardian Monther Smt. Usha Jayswal, w/o Shri Sharda Prasad Jayswal, All are residence of Balco, Distt.- Korba at present R/o. Sardar Patel Ward Mungeli, P.S. Mungeli, Revenue Distt.- Mungeli, Civil Distt. - Bilaspur (C.G.) ---- Petitioners

Versus

Sharda Prasad, S/o Chhotelal Jayswal, aged about 47 years, R/o. Housing Board Colony, Quarter No. 38 Balco, P.S. - Balco, P.S.- Balco Nagar, Civil & Revenue Distt.- Korba (C.G.) ---- Respondent For Petitioner:

Mr. Sumit Shrivastava, Advocate For Respondent :

Mr. Rupesh Shrivastava, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 5 /201 (1) This criminal misc. petition is directed against the order dated 04.12.2014 passed by Additional Sessions Judge, Mungeli in Criminal Revision No. 13/2009 by which the applicant's revision for enhancement of the amount of maintenance has been dismissed.

(2) Counsel for the petitioner would submit that the amount of maintenance, which had been enhanced from 1,700/- to ₹ ₹ 2,700/- is on the lower side, which deserves to be enhanced suitably.

(3) Per contra, counsel for the respondent would support the order impugned.

(4) Considering the facts & circumstances of the case; this Court is of the opinion that the reasons assigned by the trial Court while partly allowing the petitioners' application under section 127 Cr.P.C. are just & proper, which do not call any interference by this Court in the instant petition filed under Section 482 of the Code of Criminal Procedure.

(5) Accordingly, the criminal misc. petition fails and is hereby dismissed.

Sd/- (Sanjay K. Agrawal) Judge D/-