KAMLA BAI Vs. GHANSHYAM AGARWAL

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court the petitioners, the wife and three minor children call in question the defensibility of the order dated 4-4-94 passed in Criminal Revision No. 121/93 by the learned Additional Sessions Judge, Khairagarh, wherein the amount of maintenance granted by the learned Judicial Megistrate, First Class, Khairagarh in Misc. Criminal Case No. 28/87 was reduced.

(2.) The factual situation as undraped is as follows :-

(3.) The respondent-husband resisted the claim putforth by the petitioners traversing, inter alia, that the wife had chosen to reside separately without sufficient reason and, therefore, he was not required under law to maintain her and the children. Sufficiency of income was repudiated and it was pleaded that his monthly income was Rs. 600/- to 700/-. The learned Magistrate on considering the rival stands initially passed the order on 5-1-93 allowing the application and directed the husband to pay Rs. 500/- for all the petitioners. The aforesaid order was challenged in revision and the revisional court set it aside and remanded the case for fixing separate amount for each of the petitioners. On reconsideration the learned Magistrate granted Rs. 500/- per month to the wife and a sum of Rs. 300/- each to the petitioners No. 2, 3 and 4 by his order dated 5-10-93. The said order was assailed by the non-applicant-husband in revision before the learned Additional Sessions Judge, Khairagarh who upheld the finding entitling the petitioners for grant of maintenance but reduced the amount to Rs. 400/- per month as far as petitioner No. 1 is concerned, Rs. 300/- per month to petitioner No. 2 up to her marriage, Rs. 150/- per month to the petitioner No. 3 till he attains the age of majority; and Rs. 150/- per month to petitioner No. 4 up to the date of her marriage. The said order is the cause of grievance of the present revisionists.