DEVENDRA UPADHYAY Vs. ANJANA

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and perused the order dated 18.10.2002 passed by the learned Additional Chief Judicial Magistrate No. 2, Bikaner granting interim maintenance under the provisions of Section 125 Cr.P.C. to the extend (sic extent) of Rs. 5,000/- to the first respondent-Smt. Anjana wife of the petitioner and two minor children Anshu and Kitu Rs. 2,500/- to each of them.

(2.) It is contended by the learned counsel that the impugned order is manifestly illegal as the learned Magistrate has awarded the interim maintenance without recording any finding as to neglect or refusal to maintain the wife and children by the petitioner husband. It is further submitted that the order of granting maintenance in the sum of Rs. 5,000/- to the first respondent is wholly without jurisdiction as under the provisions of Section 125(1) Cr.P.C. the maximum limit of the maintenance is Rs. 2,500/-.

(3.) It is not in dispute that the marriage between the petitioner and the first respondent was solemnised in December, 1993 out of the wed lock the first respondent has given birth the second and third respondent namely Anshu and Kitu. There is sufficient material on record to show that the petitioner is a chartered accountant and is having earning no less than Rs. 20,000/- to Rs. 25,000/- per month. Thus, prima facie there can be no hesitation to conclude he has sufficient means to maintain his wife and children. On one hand the petitioner has alleged that his wife had lunatic attacks with intervals and her behaviour was abnormal. On the other hand, it is suggested that she is well educated having the qualification of M.A., B.A. and earning a sum of Rs. 10,000/- by tuitions. There is no material on record to show that the first respondent is earning Rs. 10,000/- per month by tuitions.