JAGMATI Vs. HARKESH CHAND

JUDGEMENT

(1.) THIS revision has been directed against the order passed by the Additional Sessions Judge, Ludhiana on 19th of July, 1998, vide which quantum of maintenance fixed by the learned trial Court to the petitioners who happen to be wife and four minor children was reduced. Whereas the learned Magistrate allowed maintenance under the provisions of Section 125 of the Code of Criminal Procedure to the wife at the rate of 250/- per month, each child, as mentioned above, who were minors, were awarded maintenance at the rate of Rs. 125/- per month. This amount came to be reduced by the learned Sessions Judge vide impugned order to Rs. 80/- per month to the wife and Rs. 100/- to each child.

(2.) LEARNED Counsel representing the petitioner vehemently contends that learned Additional District Judge after arriving at a conclusion that Harkesh Chand husband of Jagmati and father of other petitioners was an owner of two and a half acres of land and that after the death of his uncle more land was to come to his share and there was convincing evidence on record that Harkesh was doing business of collection of grains and then selling the same in the markets and in March, 1986, he had deposited Rs. 15,000/- in fixed deposit which would clearly demonstrate that he was carrying on business, yet the amount of maintenance was reduced and while doing so no reasons have been given whatsoever.

(3.) EVEN after so holding in paragraph 11 as has been reproduced above, the learned Additional Sessions Judge reduced the maintenance by observing as follows :-