PHOOLWANTI BAI Vs. REWARAM PANDAV

JUDGEMENT

(1.) THIS petition under Section 482, Cr. P. C. has been directed for quashing the order dated 31. 3. 2001 passed by the learned IInd Additional Sessions Judge, Waraseoni in Criminal Revision No. 87/2000 modifying the order dated 16. 6. 2000 passed by the learned Judicial Magistrate First Class, Waraseoni in Miscellaneous Criminal Case No. 3/1995 on the application filed by the petitioner for grant of maintenance under Section 125, Cr. P. C.

(2.) ON an application filed by the petitioner against the respondent for grant of maintenance allowance under Section 125, Cr. P. C, the learned Magistrate by Murder dated 16. 6. 2000 directed the respondent to pay an amount of Rs. 500/- per month to the petitioner as maintenance allowance from the date of application. Being aggrieved by the order of the learned Magistrate, the respondent filed a revision before the Court of Sessions. The learned IInd Additional Sessions Judge, Waraseoni by the impugned order dated 31. 3. 2001 reduced the amount of Rs. 500/- to Rs. 400/- per month. It has also been ordered by the learned revisional Judge that the said amount be paid not from the date of the application but from the date of order. Being aggrieved by the impugned order, the petitioner has preferred the present petition invoking inherent jurisdiction of this Court.

(3.) THE learned Magistrate has discussed the facts and circumstances and looking to the totality of circumstances had found that an amount of Rs. 500/- per month is proper amount to be paid by the respondent to the petitioner as maintenance allowance. The learned Judge reduced the amount from Rs. 500/- to Rs. 400/- per month on the ground that the salary of the respondent is Rs. 3,800/- per month and he has to maintain three members of the family besides himself. Even on that ground if the units are calculated, there does not appear to be any justification to reduce the amount from Rs. 500/- to Rs. 400/- per month.