RAMESH CH OJHA Vs. RANGALATA OJHA

JUDGEMENT

(1.) Heard. This revision is directed against the judgment dated 7-2-1997 in Criminal Proceeding No. 411 of 1991, a proceeding under Section 125 of the Code of Criminal Procedure, 1973 (in short "the Code") registered on the joint application of both the opposite party members. By that order monthly maintenance at the rate of Rs. 350/- and Rs. 250/- was granted to opposite party Nos. 1 and 2 respectively with effect from the date of application i.e. 1-8-1990.

(2.) Inter se relationship of the parties that petitioner is the husband of the opposite party No. 1 and father of opposite party No. 2, and that opposite party No. 2 is a minor, are undisputed facts. They also alleged that having sufficient income, petitioner refused and neglected to maintain them, and that they have no source of income to sustain the livelihood. Petitioner disputed the allegations and contested the case. Learned Judge, Family Court, on assessment of evidence in record found the case of ill-treatment and cruelty to have been substantiated by the opposite parties and that opposite party members are destitutes. In this revision, at the stage of argument such findings are not challenged. Learned Judge. Family Court, recorded further finding that petitioner has a blacksmith firm (shop) and he has good income from out of the same and accordingly ordered for payment of monthly maintenance at the above quoted rate.

(3.) Learned Counsel for the petitioner vehemently argues that without recording a specific finding about the quantum of income of the petitioner, learned Judge. Family Court should not have fixed the rate of monthly maintenance. Learned Counsel for the opposite parties, on the other hand, argues that an income of over Rs. 1,500/- per month of the petitioner being an admitted fact in record, grant of the aforesaid monthly maintenance to the opposite party members cannot be regarded as excessive or disproportionate to the income of the petitioner.