GYANWATI BAI Vs. BHAGCHAND MOHNA GUJAR

JUDGEMENT

(1.) 'roti', 'kapda' our 'makan', the three bare necessities of life, whether can be managed by the hapless and poor wife, petitioner Smt. Gyanwati Bai, within the amount of Rs. 150/-, awarded by the revisional court, as maintenance under Section 125, Criminal Procedure Code? An answer in negative, to the above question, would trigger another question as to what would be the reasonable and appropriate amount, to be awarded, by this Court, to the petitioner wife, in this petition, filed under Section 482, Criminal Procedure Code, by enhancing the amount of maintenance, granted by the courts below.

(2.) PETITIONER wife Smt. Gyanwati Bai, on the non-petitioner's refusal to maintain her, had initiated proceedings against him, for grant of maintenance under Section 125, Criminal Procedure Code, in the Court of J. M. F. C, Chhindwara. The trial court, on considering the entire material on record, found the petitioner wife entitled to grant of maintenance and, therefore, vide order dated 7-4-1981, passed in MJC No. 133/79 directed non-petitioner husband Bhagchand to pay an amount of Rs. 75/-, as maintenance, to the wife petitioner Smt. Gyanwati Bai.

(3.) PULLING somehow, on the above paltry amount of Rs. 75/- per month, for a period of about 8 years and finding it next to impossible to keep both her ends together, the petitioner wife again knocked the doors of Court, by filing an application under Section 127, Criminal Procedure Code, seeking enhancement of the amount of maintenance.