Hazara Singh Natha Singh Ramdasia vs Mt. Sant Kaur

Gurnam Sing, J.—This reference by the Additional Sessions Judge, Patiala arises out of maintenance proceedings taken u/s 488, Code of Criminal Procedure.

Mt. Sant Kaur and her two minor daughters were given Rs. 25/- per month as consolidated maintenance by the Magistrate on her application u/s 488, Code of Criminal Procedure Against this order her husband submitted revision petition before the Additional Sessions Judge, Patiala. The learned Judge recommends that the order of giving Rs. 25/- per mensem as consolidated amount is illegal and therefore should be set aside. He, however, is of the view that the order of the Magistrate awarding the amount is proper and legal. His recommendation precisely is that the case be sent back to the Magistrate with the direction that he should separately specify the sum of maintenance for all the three persons namely Sant Kaur and her two daughters.

The Respondent Mt. Sant Kaur being poor could not engage a counsel. I asked Section Dara Singh and the Advocate General to assist me in the decision of the legal point involved in the case. Section Dara Singh has produced an authority of the Bombay High Court in support of the fact that this Court u/s 561-A, Code of Criminal Procedure is competent to amend the order. Learned Counsel for the opposite side did not cite any authority to the contrary. In Re: Kalavantibai Tekchand Bhavani, the learned Judge in a similar case observed:

Further even assuming that a consolidated order in favour of several dependants becomes void on the death of one of the dependants, the High Court can, in exercise of its jurisdiction u/s 561-A, Code of Criminal Procedure rectify the original order passed u/s 488 by specifying the amount which each dependant is entitled to get towards his maintenance and allow the execution to proceed in favour of the remaining dependants.

I find myself in respectful agreement with the observations of the learned Judge. Counsel for the Petitioner has nothing to say on the merits of the case. The only point he raised before the Additional Sessions Judge and is again raised before me is that the order of consolidated amount of maintenance is not proper. This according to the authority cited above can be amended by this Court. I think the proper order would be to allow maintenance of Rs. 15/- per mensem to Mt. Sant Kaur and Rs. 5/- each to her daughters. To this extent the order of the Magistrate is modified. It is ordered accordingly.