LAWS(P&H)-1988-11-94

RAVI KANTA Vs. PARSHOTAM DEV

Decided On November 01, 1988
RAVI KANTA Appellant
V/S
Parshotam Dev Respondents

JUDGEMENT

(1.) THIS order will dispose of Criminal Misc. No. 4194 -M of 1988, and Criminal Revision No 1370 of 1986.

(2.) RAVI Kanta Petitioner in Criminal Misc. No. 4194 -M of 1988 and Respondent in Criminal Revision No. 1370 of 1986 was married to Parshotam Dev, again Petitioner in Criminal Revision No. 1370 of 1986 and Respondent in Cr. Misc. No. 4194 -M of 1988. They lived happily till 1975. A son was born to the parties and after the birth of the son relations became strained. A compromise was effected on March 16, 1981, and parties again started living together. But after 2/3 months Ravi Kanta was again turned out which led to this litigation. She filed an application for maintenance under Section 125, Cr. P. C. The Chief Judicial Magistrate, Hoshiarpur, granted her maintenance at the rate of 100/ - P. M vide his order dated April 24, 1986. Both the parties went in revision to the Court of Sessions. The revision filed by Parshotam Dev was dismissed, but the revision filed by Ravi Kanta resulted in the enhancement of maintenance from Rs. 100/ - P. M to Rs. 250/ - P. M. Feeling aggrieved, Parshotam Dev has filed Criminal Revision No. 1370 of 1986, Ravi Kanta has filed Criminal Misc. 4194 -M of 1988 under Section 482, Criminal Procedure Code, for enhancing the maintenance further to Rs. 500/ - P. M.

(3.) TAKING the income of Parshotam Dev to be between Rs 800/ -to Rs. 1000/ - P. M -, the amount of maintenance awarded by the Additional Sessions Judge i. e. Rs. 250/ - per month is not unreasonable. It may not be possible for a human being now to have two meals a day in less than Rs. 250/ - per month. The amount of maintenance awarded is reasonable and just.