AUTAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision arises out of the judgment and order dated 30th June, 1977, passed by the First Additional Munsif Magistrate,, Pilibhit, directing the applicant to pay Rs. 150/- per month as maintenance for the opp. party no. 2, to pay Rs. 100/- as maintenance for his elder daughter Ranjit Kaur and to pay Rs. 50/- for each of the other three daughters as maintenance. In all the applicant was directed to pay Rs. 400/- per month as; maintenance.

(2.) THE facts giving rise to this revision, very briefly stated, are as follows : THE opposite party no. 2 was married to the applicant about 15 or 20 years ago. In the year 1974 the opposite party no. 2 moved an application under section 125 of the Code of Criminal Procedure alleging that the applicant was a bad character, that he even maltreated her and that on 5-4 - 1973 he turned her and the four daughters outside his house. It was also alleged in the application that the opposite party no. 2 was not able either to bear her own expense or bear the expenses of education etc. of her children. According to the opposite party, the six monthly income of the applicant was about Rs. 10,000/-. THE application under Section 125, CrPC was resisted by the present applicant. THE learned Magistrate after recording the evidence of both parties accepted the case of opposite party no. 2 and directed the applicant to pay maintenance to her, as indicated above. It is against that order that the present revision is directed.

(3.) IN the above view of the matter, it cannot be accepted that the learned Magistrate has recorded no finding regarding the means of the applicant before determining the amount to be paid by him as maintenance to the opposite party no. 2 and her children.