RANJIT DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal revision arises out of an order passed in connection with a proceeding under Section 125 of the Code of Criminal Procedure, where the husband -petitioner was directed to pay maintenance @ Rs.2000/ - each for the wife -opposite party and the child. This is a case where neither the marriage nor the paternity of the child has been disputed.

(2.) THE learned Counsel for the petitioner submitted that his client is very much willing to maintain his wife and the child but the quantum of maintenance being too excessive, for his client a grocer, it shall not be possible to pay. From the records, I find that after the order of maintenance was passed on 30th June, 2012 due to non -payment of maintenance and an Execution Case was started against the petitioner for recovery of total outstanding of Rs.48,000/ - that is the maintenance for 12 months.

(3.) NOW , having regard to the quantum of maintenance, I find that court below on the face of claim of maintenance of Rs.4000/ - each for the wife and child has granted maintenance @ Rs.2000/ - for each of them. The quantum of maintenance by taking into account the petitioner's income and the need of the wife and the child for their sustenance. In these hard days, the amount so fixed is not at all excessive.