SHIV SINGH Vs. SHUSHEELA KUMARI AND OTHERS

JUDGEMENT

(1.) This revision petition arises out of the proceedings under section 125 Code Criminal Procedure Notice of this petition was given to the non-petitioners and Mr A. L. Mehta has put in appearance. I have heard learned counsel for the parties and perused the record of the case. I am of the opinion that record being available, this revision petition should be disposed of at this stage.

(2.) The learned Additional Munsif and Judicial Magistrate, Udaipur City (North) vide his order dated Sept. 14, 1981 holding that petitioner having sufficient means to maintain his wife Smt. Shusheela Kumari and her minor daughter Miss Sandhaya neglected and refused to maintain them and that they have no means to maintain themselves, awarded a sum of Rs. 250 per month from the date of application as maintenance to both the wife and minor daughter.

(3.) Smt. Susheela Kumari filed an application under section 125 Code Criminal Procedure in the court of learned Magistrate on July 29, 1975 for awarding maintenance @ Rs. 300 per month for both of them. It was mentioned in the application that petitioner was having monthly income of Rs. 1,300 and besides that his mother was running money lending business and earning Rs. 150 per month. It was further stated in the petition that she was unable to maintain herself and her minor daughter. It was also stated that petitioner has married one Tarun Kumari during subsistence of marriage with Susheela. In the reply it was not disputed by the petitioner that Susheela was his duly married wife and that Miss Sandhaya was his daughter, but a case was set up that she herself has deserted her husband and petitioner was still willing to maintain them in case they return to him. The allegation in the application for maintenance that petitioner has married one Tarun Kumari was denied. The learned Magistrate made inquiry into the matter and in his judgment dated July 13, 1979 holding that monthly income of the petitioner was Rs. 700-800 allowed maintenance @. Rs. 250 per month to wife and minor child. The revision petition was filed by the petitioner before learned Sessions Judge who vide his order dated June 6, 1951 accepted the Revision Petition and remanded the case to the Magistrate to give a definite finding as to what was the actual income of the petitioner. The learned Magistrate after hearing the parties held that monthly income of the petitioner was Rs. 800 and awarded a sum of Rs. 250 per month as maintenance to Smt. Susheela and her minor daughter till such time as minor daughter attains majority and thereafter a sum of Rs. 150 per month to Smt. Susheela.