VISHWANATH PUNDLIK CHAVAN Vs. SAU NIRMALA

JUDGEMENT

(1.) :- This is an application under Section 482 of the Code of Criminal Procedure by the husband against whom an order of maintenance has been passed by the learned Magistrate. The learned Magistrate has also passed an order of maintenance in favour of the child. That was in Misc. Criminal Case No. 450/87 decided on 15-7- 1988 and each of them, namely, wife and the child was awarded Rs. 250/- per month by way of maintenance.

(2.) THE applicant-husband challenged the order of the learned Magistrate by filing Criminal Revision Application No. 221/88 which came to be, however, dismissed on 17-6-1989. Aggrieved by these two orders, the present application has been filed.

(3.) THE learned Counsel for the applicant- husband stated that the wife on her behalf and on behalf of the child filed a suit bearing Regular Civil Suit No. 103/76 for maintenance and the learned Civil Judge on 22-12-1978 awarded maintenance amount of Rs. 50/- per month to the wife and Rs. 25/- per month to the child. The applicant-husband once again appealed, but his Regular Civil Appeal No. 81/79 came to be dismissed. The submission made on behalf of the applicant is that in view of the decision of the Civil Court awarding maintenance to the wife and the child under the Hindu Adoptions and Maintenance Act, the application under Section 125 of the Code of Criminal Procedure was barred. It has to be noted in a suit filed in 1976 and decided in 1978, though a sum of Rs. 50/- per month and Rs. 25/- per month came to be awarded to the wife and child respectively, it is not necessary to state that this amount is far too inadequate to meet the present day needs of the wife and child. The learned counsel for the applicant further submits that it was open to the wife and child to approach the Civil Court again under Section 25 of the Hindu Adoptions and Maintenance Act for alteration of the amount of maintenance awarded. He submits that an independent remedy under Section 125 of the Code of Criminal Procedure could not be availed of by such a wife and child.