ASHOKA DUTTA GUPTA Vs. SUJIT DUTTA GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) First appellant is the wife and second appellant is the child of the first respondent. On behalf of both the appellants first appellant moved an application under Sec. 125 of the Code of Criminal Procedure for maintenance allowance. The Magistrate before whom the motion was made granted Rs. 1,000. 00 p. m. for the first appellant and Rs. 500 per month for the second appellant. A revision was filed by the first respondent before the High Court in challenge of the said order. The revision was dismissed by the High Court, but strangely the High Court reduced the mount of monthly allowance from Rs. 1,000. 00 to Rs. 800 as for the first appellant and from Rs. 500 to Rs. 400 as for the second appellant. The said reduction was made after observing thus: "perused the petition and the impugned order and I do not find any reason to interfere with the impugned order. "

(3.) It was stated to be 'for the ends of justice' that the destitute wife was deprived of the amount granted by the Magistrate by making a reduction of Rs. 200 p. m. and for the little child by making a reduction of Rs. 100 p. m. Such reduction was absolutely uncalled for. Ends of justice never warranted such reduction. If the Magistrate had granted only the amount now fixed by the High Court perhaps the ends of justice would have warranted for enhancing the amount to the higher limit.