KHERRA RAM Vs. MAYA DEVI

JUDGEMENT

(1.) KHERRA Ram has preferred this revision against the order dated 5-3-1991, passed by the learned Sessions Judge, Gurdaspur, vide which, the respondent who is the mother of the petitioner was granted interim maintenance at Rs, 400/- p. m. , pending the application Under Section 125, Cr. P. C. brought by her.

(2.) THE learned Magistrate had declined the prayer of the motherrespondent for the grant of maintenance on the basis that she could maintain herself, as she was in possession of 30 Kanals 18 Marias of land which belonged to her. The learned Sessions Judge found this to be a wrong appreciation of evidence and that the Jamabandi shown that she had only 1/10 share in the total land, measuring 44 Kanals 10 Marlas. This finding of fact about the total holding of the respondent is not shown to be incorrect. Obviously, she cannot maintain herself from the produce of her share in the land. The revision petitioner is admittedly employed as a head-teacher and he is bound to maintain his old mother, the respondent. No grounds are made out for interference in the discretion exercised by the learned Sessions Judge in his impugned order. The revision stands dismissed.

(3.) A direction is, however, issued to the learned Magistrate, trying the proceedings Under Section 125, Cr. P. C. to finalise the matter within six months. Sh. Moudgil undertakes that he will complete his evidence on two dates of hearing, but adjournments of 20 days eachment be accorded.