REBA DEI Vs. RUSI SETHI

JUDGEMENT

(1.) WIFE and the minor son are the petitioners in this revision application under sections 397 and 401 of the Code of Criminal procedure (in short 'the Code') challenging the order of the learned Sub -Divisional Judicial/Magistrate, Sadar, Quttack, refusing enhancement of the maintenance of Rs. 75/ - per month granted under section 125(1)(a) and (b) of the Code.

(2.) THE application for maintenance was filed in the year 1979 to be disposed of in the year, 1981 granting monthly maintenance of Rs. 75/ - to the wife and the minor child from the date of the order. In criminal revision by the opposite party, the order was confirmed on 17.12.1982. Thus, from the date of order i.e., 17.8.1981, the petitioners were to get maintenance of Rs. 75/ - per month. Four years after, in the years 1985, petitioners have filed the application for enhancement of the quantum of maintenance on the ground of rise of price increase in the salary of the opposite party and for the educational expenses of the child which was not there in the year 1981. However, the maintenance with Rs. 75/ - per month for an adult and a child in the village would be absurd even to think of. A husband getting more than Rs. 500/ - per month and leaving the child and the wife as destitute to maintain with Rs. 75/ - per month, shocks any conscience.

(3.) THERE cannot be any dispute that for the purpose of education some expenses may have to be incurred. However, primary education in this State being free till end of primary education, there would be to tangible expenses. In that view of the matter, the learned Magistrate is justified in refusing enhancement of maintenance in the absence of cogent proof other educational expenses.