SURJIT KAUR Vs. TRILOCHAN SINGH

JUDGEMENT

(1.) -The matter here concerns the payment of maintenance to minor children under section 125 of the Code of Criminal Procedure (for short the CodeT). The trilil Magistrate fixed maintenance for the children at the rate of Rs. 120/- per month per child making it a total amount of Rs. 600/- per month. In revision, the Additional Sessions Judge, Sangrur by his order dated 30- 3-1987 reduced this maintenance to Rs. 450/- per month, that is, at the rate of Rs. 90/- per month per child. This was done taking into account the income of the husband, which was assessed at Rs. 800/and also taking into account Rs. 2001 which was stated by the wife to be her earniligs. In revision now, Mr. Jasbir Singh, the learned counsel for the wife sought to assail the order of the Additional Sessions Judge on the ground that he has not taken into account the fact that the husband owned land from which he must have been deriving some income As regards the land owned by the husband, it has come on record that this land was under mortage with possession with some others. This being so, there is no question of the husband deriving any income from this land Further, it is stated that the mortage amount received was utilised by the husband in constructing a residental house at Nander.

(2.) There is no warrant for holding that the Additional Sessions Judge erred in assessing the income of the husband at Rs 800/- per month. If this is so, no exception can be taken to the award of Rs.450/- per month as Ttlaintenance to the children. The impugned order of the Additional Sessions Judge, thus, warrants no interference in revision.

(3.) An attempt was made by the learned counsel for the wife to suggest that in the meanwhile the husband has sold some portion of his land for Rs. 48,000/-. If it is so, it could undoubtedly be open to the wife to move the Magistrate for modification of the maintenance order if it is so warranted by any change in the circumstances.