JAI BHAGWAN Vs. PATASO DEVI

JUDGEMENT

(1.) The whole controversy inter-parties pertains to the amount of maintenance payable by husband Jai Bhagwan to his wife Pataso and her infant son. Learned trial Court had awarded it at the rate of Rs. 150.00 per mensem. In Criminal Revision No. 27 of 1987, decided on May 12, 1988, learned Additional Sessions Judge raised it to Rs. 300.00 i.e. Re. 150.00 for the wife and another Rs. 150.00 for the infant child.

(2.) Discussion in para 15 of the judgment dated 12-5-1988 however, reveals that the wife had herself assessed the amount needed for the infant child at Rs. 100.00 per mensem and for herself Rs. 150.00. The total of both these amounts calculates at Rs. 250.00 and not Rs. 300.00 awarded by the learned Additional Sessions Judge.

(3.) In result, Criminal Miscellaneous No. 4236-M of 1988 is allowed to this limited extent and the amount of maintenance payable by the petitioner to respondent No. 1 for herself and infant child through her is fixed at Re. 250.00 per month from the date of application filed by respondent No. 1 against the petitioner under Sec. 125 of Criminal Procedure Code. No orders as to costs. Petition partly allowed.