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Judgment
6 paragraphs · 354 wordsS.S. Dewan, J.
The petitioner wife has filed this criminal miscellaneous application against the judgment and order dated 20.2.1984 passed by the learned Session Judge, Amritsar in Criminal Rev. Petition No. 165 of 1983 whereby he maintained the order of maintenance passed by the Additional Chief Judicial Magistrate, Amritsar.
The petitioner had filed an application under section 125 of the Code of Criminal Procedure before the Additional Chief Judicial Magistrate, Amritsar for maintenance contending that she was the legally married wife of the respondent who had driven her out of the matrimonial house, by illtreating her, because of the inadequacy of dowry brought by her and since 7.4.1981 she has been staying with her parents at village Vallah. After recording necessary evidence the learned Magistrate arrived at the conclusion that the respondent had neglected or refused to maintain the petitioner. He also held that the petitioner was drawing salary of Rs. 1,200/ per mensum and awarded Rs. 150/ per mensum as maintenance to her. Against the said judgment and order, Manjit Kaur went up in revision and the same was dismissed by the learned Sessions Judge on 20.2.1984. Feeling aggrieved, she has now filed this petition.
From the evidence on record, it is clear that the respondent is working as an overseer in the Housing Board at Chandigarh and is drawing about Rs. 1,200/ p.m. as salary. The trial Magistrate awarded Rs. 150/ p.m. as maintenance to the petitioner and this order has been confirmed by the learned Sessions judge without taking into consideration the monthly income of the respondent. Therefore, there is an error on the face of the record which requires interference by this Court under inherent powers.
In my view, in these days of spiraling prices, it would be just and reasonable to grant maintenance at the rate of Rs. 250/ per mensum to the wife so that she may have atleast two meals a day. In the result, the petition is allowed and the respondent is directed to pay to the petitioner Rs. 250/ p.m. as maintenance allowance from the date of her application.
Petiton allowed.