DADASAHEB RAOSAHEB MATKAR Vs. JANABAI DADASAHEB MATKAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The petitioner is the husband of the respondent no.1 and the father of the respondent nos. 2 and 3, who are minor children of the petitioner and respondent no.1. The respondent no.1 had applied for maintenance for herself and for and on behalf of the respondent nos. 2 and 3 herein under the provisions of Section 125 of the Code of Criminal Procedure and learned Magistrate after holding due inquiry directed the petitioner (non applicant before the Magistrate) to pay maintenance @ Rs.900/ p.m. to the respondent no.1 herein and @ Rs.300/ each p.m. to the respondent nos. 2 and 3 herein. Aggrieved by this order, the petitioner approached the Court of Sessions by filing an application for revision, but the learned Additional Sessions Judge, who heard the revision, dismissed the same with costs of Rs.1,000/. Being aggrieved thereby, the petitioner has approached this Court invoking its Constitutional Jurisdiction.

(2.) The learned counsel for the petitioner submitted that only challenge in this Writ Petition is to the quantum of the maintenance as awarded by the learned Magistrate and as confirmed by the Court of Sessions in revision. He submitted that the petitioner's daily income was about Rs.50/ to Rs.60/ and that, the petitioner was unable to get work daily but, inspite of this, the learned Magistrate and the learned Additional Sessions Judge have taken his daily income to be Rs.100/ per day.

(3.) I find no substance in the contentions raised by the petitioner. In the first place, the orders under Section 125 of the Code, do not purport to decide the civil rights of the parties, finally. The legislature in its wisdom has not made such orders appellable. The object of the relevant provisions is to prevent vagrancy and destitution by providing a speedy remedy to neglected wives and children. Therefore, ordinarily, a superior Court would not interfere with the discretion exercised by the Magistrate with respect to the quantum of maintenance.