HARISH CHANDER Vs. SANTOSH KUMARI

JUDGEMENT

(1.) Respondent No. 1, Smt. Santosh Kumari, on her behalf and on behalf of her two minor children, Kumari Anju and Master Jatinder, respondents 2 and 3 respectively filed an application under section 125 Cr. P.c. on o.5.1Y76 claiming maintenance for herself and for her two children who were deserted by the petitioner.

(2.) An ex-parte order was passed in the petition on 24th September 1976 but soon after an application for setting aside the exparte order came to be presented on 13th October, 1976. This application was dismissed by Shri K.S. Khurana, Metropolitan Magistrate on 25th October, 1979 against which the aggrieved petitioner filed Criminal Revision Petition No. 35 of 1979 which was heard by Shri R.K. Sam, AddI. Sessions Judge, Delhi. The Add!. Sessions was pleased to accept the revision petition and after setting aside the exparte order dated 24th September 1976 he directed the learned Magistrate to dispose of the matter after trial.

(3.) Final orders came to be passed by Shri Akshya Kumar, Metropolitan Magistrate on 15th March 1984 whereby respondent No. 1 was granted alimony at the rate of Rs. 75/- per month, respondent No.2 was directed to be paid Rs. 150/- per month and respondent No. 3, Rs. 125/- per month. The total amount of alimony awarded as such was Rs. 350/- per month out of an undisputed total income of Rs. 600/- which the petitioner was found 10 be earning. I may take notice of the fact that the petitioner has a wife and children to be maintained. The learned Magistrate further ordered that this alimony should be paid from May 1980 onwards.