DEEPAK L BHANDARE Vs. DURGA DEEPAK BHANDARE

JUDGEMENT

(1.) Rule. With the consent of the learned Counsel for the parties, made returnable forthwith and heard.

(2.) The jurisdiction of this Court under Section 482 of Cr.P.C. is invoked against the order dated 08/08/2013 passed by the Additional Sessions Judge, Mapusa, by which order, the order passed by the Trial Court i.e. the learned Judicial Magistrate, First Class, 'C' Court, Panaji dated 25/10/2012 passed in Criminal Case No. Maint.3/2011/C came to be confirmed.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it to say that there are divorce proceedings pending between the petitioner and the respondent no.1. The respondent no.1 filed an application under Section 125 of Cr.P.C. claiming maintenance from the petitioner herein. The said maintenance was sought for herself as also for her daughter and the amount claimed was a sum of Rs.40,000/- per month. In the said proceedings, the respondent no.1 herein filed an application for interim maintenance at the rate of Rs.25,000/- per month for herself as well as her daughter. The said interim maintenance application was replied to on behalf of the petitioner herein. The Trial Court considered the said application on the basis of the material which was before it. The petitioner herein had filed his income tax returns for three preceding years on the basis of which, the Trial Court assumed that the income of the petitioner was Rs.25,000/- to Rs.30,000/- and which according to the Trial Court, was bound to increase. The Trial Court, considering the said income of the petitioner and the expenses for school of the respondent no.2 herein by its order dated 25/10/2012, fixed the interim maintenance at Rs.5,000/- per month as personal expenses for the respondent no.1 and Rs.7,000/- per month for the personal and school expenses of the respondent no.2 to be just and reasonable.