YASMINA Vs. NAZIR AHMAD

JUDGEMENT

(1.) THIS is a reference made by Sessions Judge, Badgam recommending enhancement of monthly maintenance allowance of Rs. 50/ - ordered jointly in favour of two minor children of the respondent, namely, Yasmina and Firdous Ahmad, by Chief Judl. Magistrate Badgam. The reference has been made on two grounds; one, that the learned Magistrate could not have made joint award, and two, that the amount awarded by him was much too inadequate keeping in view the bare necessities of life for the children.

(2.) 1 have heard the learned counsel for the parties and gone through the order of reference as well as the order passed by the learned Magistrate and the evidence recorded by him.

(3.) THERE can be no manner of doubt that a joint award of maintenance under section 488 Cr. P. C. is not countenanced by law. An award, in case it is to be made in favour of more than one person, must indicate distinctly as to what has been awarded and in favour of whom. I also agree with the learned Sessions Judge that the consolidated amount of Rs. 50/ - awarded by the learned Magistrate is much too inadequate. I do not agree with him that the respondent should pay Rs 75/ - per month to Mst. Yasmina and Rs. 100/ - per month to Firdous Ahmad. Both the children are minors and there is nothing on the record to indicate as to how much be required to meet their bare requirements. The court has therefore to make assessment on some guess -work Respondent is only alleged to be a contractor. There is nothing on the record to indicate as to how much he is earning per month. Keeping in view the rising prices of these days and the modest income that the respondent may be earning per month, in my opinion Rs. 50/ - per month to each of the petitioner namely Yasmina and Firdous Ahmad would meet the requirements of justice. Accepting the reference, I modify the order passed by the learned C. J. M. Badgam and direct that the respondent shall pay Rs. 50 -each per month to his son and daughter Firdous Ahmad and yasmina by way of maintenance. This order shall not become operative from the date of application as recommended by the learned Sessions Judge but shall become operative from the date of the final order passed by the learned C.J M. The reference is disposed of accordingly.