Kanchan Bala @ Anjana vs Ram Lal

Harmohinder Kaur Sandhu, J.—Kumar Kanchan Bala a minor daughter of respondent Ram Lal filed an application for grant of maintenance u/s 125 of the Code of Criminal Procedure through her maternal grand-father Parkash Chand. She also moved an application for grant of interim maintenance which was dismissed by the Judicial Magistrate Hoshiarpur vide his orders dated March 30, 1993 on the ground that mother of Kanchan Bala was already allowed maintenance in an application u/s 24 of the Hindu Marriage Act in Letters Patent Appeal No. 1976 of 1987. Aggrieved by the order declining interim maintenance, Kanchan Bala filed a revision petition which was allowed by the learned Sessions Judge, Hoshiarpur and she was granted interim maintenance of Rs. 250/- per month vide order dated October 28, 1993. She has now filed this petition u/s 482 of the Code of Criminal Procedure for enhancement of amount of interim maintenance.

I have heard Counsel for the parties. It is contended on behalf of the respondent that the present petition is not maintainable. The petitioner had filed a revision petition against the order of the Trial Court and the second revision at her instance was not competent. Although this petition was filed u/s 482 of the Code of Criminal Procedure, the order of Sessions Judge vide which earlier revision was allowed, cannot be assailed under the garb of invoking inherent jurisdiction of this Court. In support of this contention, the learned Counsel placed reliance on Dharampal and others Vs. Smt. Ramshri and others, wherein it was held that second revision was barred u/s 397(3) of the Code and the petition could not be entertained by the Court in exercise of its inherent jurisdiction u/s 482 of the Code.

As the present petitioner has already availed the remedy of one revision petition against the order of the Trial Court and that revision was also accepted, this petition cannot be entertained and the same is liable to be dismissed on this short ground only.