RADHA SUJANI Vs. RAMESH KUMAR SUJAPI

JUDGEMENT

(1.) THESE two revisions are filed by the wife and minor son of non -applicant respectively challenging the order dated 13.1.1992 passed by the learned Sessions Judge, Bhopal, reducing the quantum of interim maintenance awarded to them from Rs. 400/ - per month to Rs. 300/ - per month in the case of wife and from Rs. 350/ - per month to Rs. 200/ - per month in the case of minor son on the ground that under the provisions of section 125 Cr.P.C. he cannot award more than Rs. 500/ - per month towards maintenance.

(2.) THOUGH the defence of the husband in the trial Court was that the wife was running a beauty parlour and was earning, that fact was not substantiated. The trial Court has given a finding that the salary and other emoluments of the husband come to Rs. 3,440/ - per month. The husband who is a bank employee has failed to produce the salary certificate which is the best evidence to prove his salary. The ground on which the learned Sessions Judge has limited the total quantum of maintenance to the wife and minor son to Rs. 500/ - per month is incorrect in view of the decision of the Supreme Court in Ramesh Chander v. VeenaKaushal, AIR 1978 SC 1807. The Supreme Court has laid down that what section 125 Cr.P.C. means is that the Court cannot grant more than Rs. 500/ - for each one of the claimants.

(3.) IN the result, both the criminal revisions are allowed setting aside the order of the learned Sessions Judge, Bhopal passed in Criminal Revision No. 167/91 and Criminal Revision No. 169/91. Consequently the orders of the learned Judicial Magistrate First Class, Bhopal passed in Misc. Judl. Case No. 15/91 and Misc. Judl. Case No. 14/91 are restored awarding interim maintenance to the applicants in Criminal Revision No. 88/92 at Rs. 400/ - per month and in Crl. Revision No. 89192 at Rs. 350/ - per month.