POOJA Vs. DEEPAK

JUDGEMENT

(1.) The petitioners have invoked Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for modification of order dated 18.11.2015 passed by the Additional Sessions Judge, Amritsar whereby revision petition preferred by the petitioner was partly allowed while modifying the order dated 20.07.2015 passed by the Judicial Magistrate Ist Class, Amritsar (hereinafter to be referred as 'trial Court').

(2.) Counsel for the petitioners has submitted that maintenance assessed by the Court below to the tune of Rs.1,000/- per month to each of the petitioners is not sufficient to meet their daily requirements of food what to talk of clothing, housing and education of the child born on 18.11.2013. It is further submitted that the respondent produced a certificate in regard to his salary at the rate of Rs.4,000/- per month purported to be issued by Delhi Rajasthan Transport Co. Limited but in the said certificate, it has been specifically mentioned that the letter is issued on the specific request of the employee without accepting any liability on behalf of this letter or part of this letter on the company. It is further submitted that the respondent is a young man and even if his income is assessed on the basis of minimum wage admissible to a casual worker, the same cannot be less than Rs.7000/- to 8000/- per month.

(3.) Counsel for the respondent, on the contrary, would urge that it is a matter of evidence yet to be adduced by the parties if the certificate (Annexure P-3) is not worthy of credence or reliance. Further submitted that as the respondent is getting monthly salary of Rs.4,000/- from Delhi Rajasthan Transport Co. Ltd., maintenance assessed by the Revisional Court at the rate of Rs.2,000/- per month (Rs.1,000/- per month for each of the petitioners) does not call for intervention.