Cril Misc 10 of 2012
Ref: Order dated 20-05-1980 passed in Cril (C) Case No. 7 of 1979
Cril Misc 10 of 2012 pending at Family Court of Manipur.
In the Matter of : Appliacation under section 127(1) of Cr. PC, 1973, praying for passing an order for Enhancement of Maintenance Allowance from Rs.200 to Rs.5,000/-.
Petitioner : Mrs. Malati Deb (wife)
Respondent: Mr. Sushil Chandra Deb (Husband)
we file this case as on Feb 2012.
When we file this case at that time Pension Amount of Respondent was Rs.11,500 ( With out Commutation) in 5th Pay scale.
After 1.5 years back we came to know that Pension of 6th pay Revision done by Govt. of Manipur effective from 2010.
Now pension of Respondent was Rs.43,600 ( With out Commutation) in 6th Pay scale.
Respondent will get arrear amount of pension from 2010 and we file this case as on Feb 2012.
Now Respondent not withdrawing or enjoying 6th Pay scale pension willingly to Avoid higher rate of Enhancement.
we are having enough evidence from ( Account General ) & Treasury Dept. to prove that 6th Pay Pension already issue from Concern Dept. & Respondent willingly not enjoying 6th pay pension.
in our present case PW also not done yet.
case is pending from last 2.5 years.
so here is chance for filling amendment petition under Cr Pc 127.on proof of Subsequent changes income of Respondent before filling of our case.
my question here:-
1. we can file Amendment petition in Cr Pc 127 here in our case from Rs.200 to Rs.20,000/- based on 6th pay scale pension of Rs.43,600/- (Total with out Deduction)
2. Is there any provision of amendment under Cr Pc 127.
4. if amendment allowed then, relief will be granted in Retrospective Effect or not . because here Respondent will get arrear amount of pension in 6th pay Revision from 2010 & before filling of our case.
3. If The Respondent not withdrawing 6th Pay Revision Pension willingly , then any chance of amendment ?
4. Manipur not having any State amendment act as of now.
5. CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001 ACT NO. 50 OF 2001 can help us in this case.
6. Family court can issue any order to Concern Pension Disbursement Dept. to issue enhancement amount when Respondent not ready to withdraw his 6th pay scale pension willingly.
kindly give me advice .
Regards
Subh Deb
08906368046
