ASHOK RAYAGOUDA GADAKARI Vs. REKHA

JUDGEMENT

(1.) THE respondent herein is the wife of the petitioner herein. Admittedly petitioner is in State service getting a salary of more than Rs. 6,000/-. As the petitioner neglected to maintain the respondent despite having sufficient means to maintain and knowing fully well that the respondent is not in a position to maintain herself, respondent filed a petition under section 125 Cr.P.C. against the petitioner. THE trial court awarded maintenance of Rs.300/- per month from the date of petition till the date of order and from the date of order at the rate of Rs. 400/-per month. THE respondent being aggrieved by the order refusing to pay maintenance as claimed by her filed Crl.R.P. 8/2006 and the Presiding Officer, Fast Track Court I and Addl. Sessions Judge vide order dated 18/1/2008 ordered maintenance at the rate of Rs.1,000/- from the date of the original petition claiming maintenance.

(2.) THE counsel for the petitioner submits that while passing such an order, the revisional court has not taken the actual income earned by the petitioner. THE petitioner who is in the State service had an obligation to produce material to establish what is his actual income. He cannot call upon the claimant wife to establish his income. It is high time in such cases wherever husband refuses to maintain, the court should call upon the husband to make a declaration before the court about the income and property and if it is found to be fake and false criminal proceedings are to be initiated. THE further ground urged by the petitioner is that no reasons are assigned to enhance the maintenance. On going through the order passed by the learned sessions judge, the learned Sessions Judge has taken into account the expenses incurred for making a living and this court also takes judicial notice of the fact even directing to pay a sum of Rs.1,000/- per month is a paltry sum. Under the circumstances, I find no ground to interfere in the order passed by the revisional court. Hence, the following: ORDER THE revision petition is dismissed.