BANNI SINGH Vs. KUSUM LATA

JUDGEMENT

(1.) RESPONDENT No. 1 is wife of petitioner Banni Singh. Respondents Nos. 2 to 4 are the children of the petitioner and respondent No. 1. All the respondents have filed a petition under section 125 of the Code of Criminal Procedure, dated 15th January, 1990. The learned Judicial Magistrate, Karnal, awarded the maintenance to the respondents of Rs. 1350/- per month from the date of the filing of the application. The petitioner preferred a revision in the Court of the Sessions at Karnal. The learned Additional District and Sessions Judge, Karnal on 18th August, 1993, dismissed the said revision petition.

(2.) PETITIONER Banni Singh seeks the quashing of said order whereby the maintenance has been awarded from the date of the application and the sole controversy raised by the learned counsel for the petitioner is that the maintenance should have been awarded from the date of the order and not from the date of the application. The facts recited above clearly indicate that the petitioner filed the revision petition in the Court of Sessions which was dismissed. Under Section 482 of the Code of Criminal Procedure, this Court would only act if there is manifest injustice. The discretion has been exercised by the Court of the learned Judicial Magistrate and upheld by the Court of Sessions in awarding the maintenance from the date of the application. It will not be appropriate to use the extraordinary powers of this Court under Section 482 of the Code of Criminal Procedure. Consequently, the petition being without merit must fails and the same is dismissed. Petition dismissed.