Kali Charan vs State of U.P.& Anr.

Krishna Kumar, J.—This revision has been Tiled against the judgment and order dated 1771999, passed by the First Additional Sessions Judge, Pilibhit whereby the learned Additional Sessions Judge partly allowed the revision and enhanced the amount of maintenance from Rs. 200 per month as allowed by the learned Magistrate to Rs. 400 per month.

In brief, a maintenance petition was Tiled before the learned Magistrate by Smt. Premwati, under Section 125, CrPC. Learned Magistrate alter recording evidence and hearing the parties, allowed the application and ordered the opposite partythe husband to pay to the petitioner a sum of Rs. 200 per month as maintenance.

Smt. Premwati filed a revision and the learned Additional Sessions Judge enhanced the amount of maintenance from Rs. 200 to Rs. 400 per month. Aggrieved by the said order, this revision has been filed by the husband. Heard learned Counsel for the parties Learned Counsel for the revisionist also tried to argue the case on merit. However, the merits cannot K looked into at this stage, when by the two Courts below, it has been held that the opposite party is entitled lo maintenance from the revisionist. The next arguments of the learned Counsel for the revisionist has sufficient force whereby he argued that it is also a finding of fact as "to what amount of maintenance should he allowed to the wife.

The learned Additional Sessions Judge in its order had not mentioned any illegality or misreading of documents etc. The learned Additional Sessions Judge had no jurisdiction lo substitute its own finding on the same evidence. Therefore, the revision has sufficient force.

The revision is allowed. The judgment and order of the learned First Additional Sessions Judge dated 1771999 is set aside and the judgment and order of the learned 111 Additional Chief Judicial Magistrate, Pilibhit dated 381998 is confirmed.

Revision allowed