MANNULAL Vs. MATIBAI YADAV

JUDGEMENT

(1.) Heard on LA. No. 3776/2002 for urgent hearing. Application is allowed. Heard. The revision is against the order dated 27-5-2002 passed by the IInd Additional Sessions Judge, Mahasamund, whereby an application for stay of the operation of the order granting maintenance at the rate of Rs. 300.00 per month has been rejected by the Court. The object of grant of maintenance is so that a wife is able to maintain herself. The non-applicant is the wife of the applicant that has not been disputed. The Court having considered facts and circumstances of the case declined to grant stay and rejected the applicant. Learned Counsel for the applicant submitted that the Court was not justified in rejecting the application and it ought to have issued notice to the other side.

(2.) The discretion vests with the Court and this is to be exercised keeping in view the facts and circumstances of the case. The grant of stay or otherwise depends on various factors. In the instant case, the Court has considered the relevant circumstances, and the factum that the relationship of the husband and wife exists and further that the wife requires maintenance and the quantum of Rs. 300.00 is such which cannot be said to be on higher side on the other hand it appears to be a meagre sum. Having considered the facts and circumstances of the case and material on record, in the opinion of this Court, no case for exercise of jurisdiction under Section 482, Cr.PC is made out. The amount if not paid, be paid and the applicant to continue in depositing the amount. It is however directed that the learned Revisional Court shall decide the case on its own merits in accordance with law without being influenced by any of the observations made hereinabove.

(3.) Subject to what has been stated above, the application under Section 482, Cr.PC is dismissed. Consequently M. (Cr.) P. No. 3275/2002 for stay also stands dismissed.