A DASAKUMAR Vs. A SUNANDA

JUDGEMENT

(1.) This Criminal revision case is directed against an order passed by the V Additional Munsif Magistrate, Chittoor in M.C.No.10/89 granting not only the maintenance at the rate of Rs. 500/-, Rs. 300/- Rs.300/- and Rs.250/- per month to the respondents 1 to 4 respectively, but also directing the petitioner to pay a lumpsum amount to the respondents 2 to 4 either for educational expenses or for medical expenses. In so far as the quantum of maintenance ordered by the Court of Magistrate is concerned and also date of its operation i.e. from the date of the petition, there is no illegality so as to interfere. Mr.C.Praveen Kumar the learned counsel for the petitioner contends that the scope of Section 125 Cr.P.C. is limited only for fixation of maintenance with outer limit of Rs.500 and the said provision does not contemplate of awarding maintenance and also for other expenses like educational and medical etc.

(2.) On the other hand, Mr.P.Gangaiah Naidu, learned counsel appearing for the respondents 1 to 4, submits that admittedly respondents 2 to 4 are growing children and they need to be educated and are in fact being educated and as such, education which is becoming costly affair day by day warrants the award of such amount under the said head. He also contends that respondent No.4 is suffering from epilepsy and is under constant medical care and as such, considerable amount is spent on his medical expenses and that there is nothing wrong in the lower court granting lumpsum amount towards medical expenses per annum for Respondent No.4.

(3.) Having scanned through the provisions of Section 125 Cr.P.C., I do not find any scope to award any amounts towards educational, medical etc. What the section contemplates is the award of maintenance and it is pertinent to mention that this Section 125 Cr.P.C (which was hitherto 488 under the unamended Cr.P.C.) aims at meeting the emergent needs. May be that education and also medical attendance come within the ambit of the said emergents needs, but the Parliament having expressly fixed the outer limit of maintenance at Rs.500/- to each dependent-claimant, all expenses, be it medical, educational, clothing and shelter cannot exceed the said maximum limit. While there is no warrant for awarding separate sums towards educational or medical requirements, the court is empowered to consider those aspects and fix the maintenance amount in a composite manner to each of the dependents - claimants not exceeding Rs. 500/- per month.