LAWS(JHAR)-2020-7-33

IMTIYAZ QURAISHI, Vs. STATE OF JHARKHAND

Decided On July 06, 2020
Imtiyaz Quraishi, Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 01.06.2016 passed in Maintenance Case No.08 of 2015.

(2.) Mrs. Asmita Shrivastava, the learned counsel for the petitioner submits that the amount of monthly maintenance awarded to the petitioner and 4 children which cumulatively comes to Rs.9,000/- per month is excessive and beyond the reach of the petitioner.

(3.) The proceeding under section 125 of the Code of Criminal Procedure is summary in nature. The claim of a wife and the minor child for maintenance under section 125 of the Code of Criminal Procedure is required to be examined keeping in mind the object behind section 125 of the Code of Criminal Procedure. In "Captain Ramesh Chander Kaushal Vs. Mrs. Veena Kaushal and Others, 1978 4 SCC 70", the Hon'ble Supreme Court has observed: