MANOR AMBABAI Vs. ANIL KUMAR

JUDGEMENT

(1.) This revision is directed against the order dated 18-11-1981 passed by the IInd Additional Sessions fudge, Dhar in Criminal Revision No. 21 of 1979 arising out of the order dated 31-1-1979 passed by the judicial magistrate first class, Sardarpur, in Miscellaneous Criminal Case No. 18 of 1977.

(2.) The material facts giving rise to this revision are as follows : The applicant who is the wife of the non-applicant submitted an application under Sec. 125 of the Code of Criminal Procedure for award of maintenance allowance to her on the ground that she was treated with cruelty by the non-applicant and that the non-applicant refused and neglected to main- tain her. The application was opposed by the non-applicant. The trial Magistrate held that the non-applicant treated the applicant with cruelty and also refused and neglected to maintain her. The trial magistrate directed the non-applicant to pay a sum of Rs. 250.00 per month as maintenance to the applicant. The non-applicant submitted revision petition against the order of the trial magistrate. The revisional court affirmed the finding of the trial magistrate that the applicant was entitled to receive maintenance from the non-applicant. However, the revisional court reduced the amount of maintenance to Rs. 125.00 p.m. Aggrieved by the order passed by the revisional court the wife has submitted this revision.

(3.) Having heard learned counsel for the parties I have come to the conclusion that this revision deserves to be allowed. It is not in dispute that the non-applicant is working as Divisional Engineer and his emoluments after deductions are more than 1200.00 p.m. According to the non-applicant he has to help his brother whose economic condition is not sound. Even if this fact is taken into consideration in my opinion the trial magistrate did not commit any illegally or impropriety in awarding Rs. 250.00 p.m. as maintenance allowance to the applicant.