VISHNU KUMAR MEHTA Vs. SONIA

JUDGEMENT

(1.) IN this revision the husband petitioner calls in question the propriety of the order passed by the Judicial Magistrate, 1st Class, Jabalpur in Criminal Case No. 181/1994, wherein he has granted interim maintenance Rs. 400/- per month to each of the non-applicants No. 1 and 2, the daughter and son, of the applicant herein.

(2.) AN application under Section 125 of the Cr. P. C. was filed by the non- applicant No. 3 herein, the wife of the petitioner, for grant of maintenance for herself as well as for the minor children, who were arrayed as petitioners to the application. It was put forth in the petition that she was entitled alongwith her children for grant of maintenance from her husband, opposite party therein, who had refused to maintain them in spite of sufficient means. During the pendency of this application, an application was filed for grant of interim maintenance. The said application was resisted by the husband on various grounds.

(3.) ON consideration of the affidavit and facts the Court below granted maintenance @ Rs. 400/ -. However, the wife was refused interim maintenance by the impugned order. Grant of maintenance in favour of the children is the cause of grievance for the father/petitioner. Learned Counsel for the applicant has submitted that while fixing the quanturn at Rs. 400/- the. learned Magistrate has not taken into consideration the salary component of the petitioner and also the facilities already provided for by the petitioner for children and their mother.