LAKSHMIDHAR PANIGRAHI Vs. REBOTI PANIGRAHI

JUDGEMENT

(1.) The petitioner has been directed to pay a sum of Rs. 150/- per month as maintenance to the opposite party in a proceeding under section 125 of the Code of Criminal Procedure. This order has been maintained by the court of revision. The petitioner challenges the order passed by the learned Sub-divisional Judicial Magistrate and affirmed by the learned Additional Sessions Judge. Dr. Dash, appearing, for the petitioner, has challenged the quantum of maintenance and has invited my attention to the evidence of the opposite party wherein she had claimed a sum of Rs. 100/- per month for her sustenance and has submitted that in view of the evidence of no other person that the opposite party, both the courts below went wrong in giving a maintenance of Rs. 150/- per month to her.

(2.) Upon hearing the learned counsel for the sides, I find that although a party may not be allowed to avoid the bar contained in section 397(3) of the Code of Criminal Procedure by making an application under section 482 of the Code of Criminal Procedure as has been done in this case, if this Court finds that any interference is necessary in the interest of justice or to prevent an abuse of the process of the court, inherent jurisdiction of this Court may be exercised as this provision is not controlled by or subjected to the provision made in section 397(3) of the Code. In view of her own statement in her examination-in-chief that she would require Rs. 100/- per month for her sustenance, the order granting maintenance at the rate of Rs. 150/- per month cannot be allowed to be sustained. In my view, it would be necessary in the interest of justice to reduce the quantum of maintenance and limit it to the amount claimed by the opposite party.

(3.) In the result, I would allow the application and reduce the quantum of maintenance to Rs. 100/per month. Application allowed.