H S BASAVARAJ Vs. B RASHMI

JUDGEMENT

(1.) THIS revision petition filed under section 19 (4) of the Family Courts Act, 1984, is directed against the order dated 14-8-2006, passed in C. MISC. No. 276/2004, whereby the Court below has awarded maintenance at the rate of Rs. 1,500/- per month in favour of the respondent-wife. The aggrieved husband is in revision.

(2.) IT is firstly urged by the learned Counsel for the petitioner that provisions of Section 125 of Cr. P. C. provides the maximum limit of rs. 500/- only per month for awarding maintenance by the learned magistrate; that there is no State amendment for raising the jurisdiction of the Magistrate to grant an amount above Rs. 500/- towards maintenance and therefore the learned District Judge, acting as the Family Court had no jurisdiction to award maintenance at a sum of Rs. 1,500/- per month.

(3.) IT is also urged that the respondent has without justification left the matrimonial house and therefore she cannot seek for providing maintenance to her, particularly when the petitioner/husband is ready and willing to take her back and maintain her.