TULSI RAM Vs. PARO BAI

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. is directed against the order dated January 10, 1990, passed by the Additional Sessions Judge, Raisinghnagar, in criminal revision No. 14 of 1989 (Paro Bai vs. State of Rajasthan and another) and Criminal Revision Petition No. 18 of 1989 (Tulsi Ram vs. Paro Bai ).

(2.) SMT. Paro Bai filed an application under Section 125 Cr. P. C. for grant of maintenance against the petitioner Tulsi Ram in the Court of the Munsif and Judicial Magistrate, First Class, Anoopgarh. The notice of this petition was given to the petitioner. The applicant-non-petitioner SMT. Paro Bai, in support of her case, produced, herself as AW. 1. Fakir Chand AW. 2, Prem Das AW 3 and Nazir Chand AW, 4. The petitioner-non-applicant Tulsi Ram produced himself as NAWl, Gurbachansingh NAW 2 and Mahendra Singh NAW 3. The learned trial Court, after considering the evidence on record, came to the conclusion that as the petitioner and his other relatives started treating her with cruelty and tried to burn her with electric wire, therefore, she is entitled not to live with her in-laws and has rightly been living with her parents. The learned trial Court, therefore, awarded a maintenance of Rs. 200/- per month with effect from the date of order, i. e. , with effect from April 21, 1989. Dissatisfied with the order passed by the Munsif and Judicial Magistrate, Anoopgarh, SMT. Paro Bai filed a revision petition before the Additional Sessions Judge, Raisinghnagar.

(3.) NOW, comes to the questions of the amount of maintenance awarded by the learned lower Court is excessive or not? In the instant case, looking to the income of the petitioner, therefore, I think it proper to grant Rs. 350/- (Rupees three hundred fifty only per month as the maintenance allowance to the applicant-non-petitioner Smt. Paro Bai from the petitioner Tulsi Ram.