GH MOHD TANTRAY Vs. SHAHIDA AKTHER

JUDGEMENT

(1.) IMPUGNED in this revision petition is an order dated 21.04.05 purporting to have been passed by Judicial Magistrate Anantnag u/s Cr.P.C, whereunder while allowing respondents maintenance petition, he directed petitioner to pay Rs. 1200/ - to each one of 1 to 5 and Rs. 1500/ - to respondent no. 6.

(2.) GROUNDS pleaded against the order are that the admitted income of petitioner who is government employee was Rs. 6911/ - and the maintenance allowance was much beyond his total income, and as such not reasonable; particularly because the respondents who are admittedly his children and wife are residing in his house at Dharhama Phalgam and enjoying the produce of his agricultural land and walnut trees.

(3.) I have gone through the records and considered the matter. Perusal of subordinate file reveals that proceedings u/s 488 Cr.P.C. were instituted before trial Magistrate as far back as 22nd Oct. 2001 whereafter the first round concluded on 15.04.2002 with an ex -parte order against petitioner, directing hi to pay Rs. 500/ - per head to respondents 1 to 5 and Rs. 800/ - to respondent no. 6 per month as maintenance. The ex -parte order was however set aside on petitioners prayers, whereafter the matter was contested by parties afresh and the trial finally culminated in the plunged order; awarding Rs. 7500/ - as maintenance to respondents with aforesaid break up.