KESHABA PATRA Vs. JAMUNA PATRA PUSPANJALI PATRA

JUDGEMENT

(1.) These three revision applications are taken up together as they are interlinked.

(2.) PETITIONER Keshab Patra is the husband of Jamuna Patra, and father of Puspanjali and Saraswati, opp. parties in the applications. A monthly maintenance of Rs. 300/ - had been granted in favour of Jamuna, Puspanjali and Saraswati in terms of Section 125 of the Code of Criminal Procedure, 1973 (in short, 'the Code'). Application was filed by each of them for enhancement in terms of Section 127 of the Code. Learned Judge, Family Court, Rourkela (in short, 'the Family Court)' accepted the prayer, and enhanced the quantum to Rs. 500/ -per month. Such enhancement is the subject -matter of challenge in each application.

(3.) IN order to appreciate the rival submissions, it is necessary to take note of Section 125 of the Code. Clauses (b) and (c) of Sub -section (1) of the said section are relevant for the purpose of adjudication of this case. They read as under : '125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain : (a) xx xx xx (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or xx xx xx' Legitimate or illegitimate minor child, whether married or not is entitled to maintenance in case it is unable to maintain itself. In case of legitimate or illegitimate child (not being a married daughter), who has attained majority liability to pay maintenance arises only where the child in question is, by reason of any physical or mental abnormality or injury unable to maintain itself.