NARINDER KUMAR SETIA Vs. REETA SETIA AND ANOTHER

JUDGEMENT

(1.) The instant petition under Section 482 of Code of Criminal Procedure is directed against concurrent findings of the Courts below fixing maintenance for respondent No. 1- wife @ Rs. 2000/- per month and for respondent No. 2-minor child @ Rs. 3000/- per month w.e.f. the date of institution of the application under Section 125 Cr.P.C. The application was instituted on 15.1.2004 and decided by the Magistrate on 22.9.2011. So, it took more than 71/2 years in disposal of application. The claim was made for award of maintenance @ Rs. 5000/- per month for each of the respondent. Revision filed by petitioner before the Sessions Judge, was dismissed. It is pertinent to mention here that during pendency of the application, interim maintenance was awarded on 4.10.2004 by the Magistrate @ Rs. 500/- per month for respondent No. 1 and Rs. 400/- per month for respondent No. 2 w.e.f. the date of application.

(2.) The petitioner challenged findings of the Courts below on the ground that his own earning was less than the income of respondent No. 1 who was employed as Warden in a professional college and drawing monthly salary of Rs. 4125/-. There is concurrent finding of the Courts below about income of petitioner and also the resources of respondent No. 1 and reached to firm finding for which there is no scope of interference in exercising of powers by this Court under Section 482 Cr.P.C. The orders passed by the Courts below are based on evidence and well reasoned. The entitlement of respondents to maintenance on the ground of being neglected or refused to be maintained by the petitioner, is also unassailable.

(3.) The legality of the impugned orders was challenged mainly on the ground that maintenance could be awarded w.e.f. the date of order and not from the date of filing application. The power of Magistrate in awarding maintenance either w.e.f. the date of application or the date of order is unquestionable, but the only point in issue is how that power is to be property exercised.