1 S. B. CRIMINAL MISC. PETITION NO. 93/2007 BHERU LAL V. THE STATE OF RAJASTHAN & ANOTHER. DATE : 16-10-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. Sundeep Bhandawat, for Petitioner (s). Mr.R.K.Charan, for Respondent. Mr.O.P.Rathi, PP, for the State. On respondent's application under Section 125, Cr.P.C., petitioner was ordered to pay maintenance allowance to respondent Rs.250/- from 1993. This amount of Rs.250/- on application under Section 125 (3), Cr.P.C., is raised to Rs.500/-, vide Magisterial order dated 18.01.2006. Learned Additional Sessions Judge, while deciding revision petitions No.15/06 and 16/06 vide judgment of 3.8.2006 ordered to pay Rs.1,000/- w.e.f. 16.01.2004 which order is assailed. Learned counsel for the petitioner argued that in the year, 1993 and subsequently upto 2001, the petitioner was in Railway service – then after due to matrimonial dispute, his service was terminated and the learned Additional Sessions Judge has accepted this position in para 5 of the judgment. Argued that when petitioner is no more in service, obviously his means of income are substantially reduced, so he is not in a position to pay such an amount and maintenance amount is not enhanceable. It is also argued that service of the petitioner is terminated, so he is deprived of other benefits from the employer. Also argued that the learned Magistrate has increased Rs.250/- to Rs.500/- per month. Learned counsel for the petitioner also argued that the petitioner is also paying Rs.500/- to her daughter as maintenance allowance as per order under Section 125 as finally held vide judgment dated May 07, 2001 in S. 2 B. Criminal Misc. Petition No.172/98 which also finds mention in the Magisterial order. On behalf of the respondents, is argued that the petitioner has many sources of income. Considered rival contentions and perused orders. It is apparent that both the courts have accepted the position that petitioner is no more in service (Railways). From 1993 Rs.250/- were allowed as maintenance - thereafter, services terminated w.e.f. 01.10.2005 – petitioner is also paying Rs.500/- as maintenance to his daughter – as per the order impugned, the amount payable to wife is enhanced to Rs.1000/-. In the totality of established facts and also considering the cost of livelihood in India etc. , amount of Rs.1000/- is reduced to Rs.700/- per month. Needless to mention that in change of circumstances, if any, the appropriate remedy is available. The petition stands disposed of accordingly. (C. M. TOTLA), J. scd