MADHAB DAS Vs. MINAMANI DAS AND ANR.

JUDGEMENT

(1.) THIS revision is preferred against the order of the learned S.D.J.M. Puri, directing the Petitioner to give interim maintenance at the rate of Rs. 200/ - per month towards the maintenance of his legally married wife and daughter, the present opposite parties, in Misc. Case No. 17 of 1987, a proceeding under Section 125, Code of Criminal Procedure.

(2.) ADMITTEDLY the opposite Party No. 1 is the legally married wife of the Petitioner and opposite party No. 2 is their daughter. Opposite parties 1 and 2 filed Misc. Case No. 17 of 1987 on 28.1.1987 under Section 125, Code of Criminal Procedure claiming maintenance at the rate of Rs. 900/ - per month. On 4.4.1988 the opposite parties filed an application praying for awarding interim maintenance at the rate of Rs. 500/ - per month. The learned S.D.J.M. passed the impugned order directing the Petitioner to give interim maintenance to the opposite parties at the rate of Rs. 200/ - per month. Being aggrieved by that order, the present revision is preferred.

(3.) MR . S.D. Das, the learned Counsel for the opposite parties, relied on the decision Savitri v. Govind Singh Rawat : AIR 1986 S.C. 984, in support of the proposition that during the pendency of a proceeding under Section 125, Code of Criminal Procedure an interim order can be passed awarding interim maintenance in favour of the applicant under that section. The following observations of the Supreme Court in the above referred decision are considered material and relevant for the purpose of this revision petition and therefore, the same are quoted below: