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Judgment
H.N. Nagamohan Das
Petitioner is the wife of respondent. Since respondent refused and neglected to maintain the petitioner, she filed Criminal Misc. No. 18/2004 u/s 125 Cr.P.C. for monthly maintenance. On contest, the jurisdictional Magistrate vide Order dated. 22.10.2008 partly allowed Crl.P. No. 18/2004 and directed the respondent to pay monthly maintenance of Rs. 3,000/-. Aggrieved by this order, insofar as it relates to inadequacy of monthly maintenance, the petitioner filed a revision petition in Crl.R.P. No. 233/2008 on the file of Sessions Judge at Chikmagalur and the same came to be dismissed vide order dated 21.01.2010. Therefore, the petitioner is before this Court.
It is seen from the record, that in 2004, the respondent was a Senior lecturer in First grade college at Ajjanpur at Tarikere taluk. Learned counsel for the petitioner submits that respondent is now working as Principal of the college and there is a substantial increase in the monthly income. In the changed circumstances, learned counsel for the petitioner contends that petitioner is entitled for higher monthly maintenance. It is necessary to provide an opportunity to the respondent in this regard. Therefore, liberty is reserved to the petitioner to file an application before the jurisdictional Magistrate for enhancement of the monthly maintenance in the changed circumstances. If such an application is filed, then the same shall be considered in accordance with law after, providing opportunity to both the parties and as expeditiously as possible, in any event not later than six months from the date of receipt of copy of this order.
Accordingly, petition is disposed of.