MADAN LAL NAHAR Vs. GITA DEVI

JUDGEMENT

(1.) ON the application under section 125, Code of Criminal Procedure, filed by Gita Devi respondent wife of Madan Lal Nahar petitioner, for herself and on behalf of her two minor sons Anil Nahar and Sunil Nahar against the petitioner, the Additional Chief Judicial Magistrate, chandigarh, granted maintenance allowance at the rate of Rs. 150 per month for the respondent wife and rs.75 per month for each of the two minor children. The petitioner filed a Revision Petition against the said order, which was dismissed by the Sessions Judge, Chandigarh. The present petition under section 482. Code of criminal Procedure, has been filed with a view to impugn the aforesaid two orders.

(2.) THE sole contention raised on behalf of the petitioners is that according to the evidence on the record, Gita Devi respondent had taken employment as a Peon and hence no maintenance ought to have been allowed in her favour. It is, however, submitted on behalf of the respondent wife that on account of the neglect of the petitioner the respondent had to take temporary employment as a Peon in order to feed herself and her two minor children. The evidence also reveals that the respondent was employed on short -term vacancies 7 not on permanent basis. In any case, a sum of Rs. 300 per month which the respondent, who is stated to be a qualified person, is getting by way of salary would not be sufficient to maintain her and her two minor children. The maintenance. al owarce by the courts below, is, therefore, quite reasonable in the circumstances noticed by the said Courts.

(3.) THERE is another aspect of this matter. The petitioner having availed of the remedy of a Revision before the Sessions judge, cannot be permitted to file a second Revision under the grab of the present petition under section 482, Code of Criminal Procedure. The same is consequently dismissed. Petition dismissed.