Venkataramanachary vs Smt. Manjula and Kum. Jayaprada

H.S. Kempanna, J.—The petitioner has filed this petition challenging the orders of the Courts below awarding monthly interim maintenance of Rs. 1,000/- each to the respondents herein. The respondents who are wife and daughter of the petitioner filed petition u/s 125 of Cr.P.C., before the learned Magistrate praying for awarding maintenance and in the said petition they filed interim application praying to grant interim maintenance on the ground that they have no source of income to maintain themselves. The petitioner-husband opposed the said application. The learned Trial Magistrate on considering the material before him came to the conclusion that the petitioner is capable of maintaining the respondents who are his wife and daughter and accordingly by his order dated 29.04.2008 awarded an interim maintenance of Rs. 1,000/- each to them from the date of application till the date of the petition. Being aggrieved of the said order, the petitioner preferred Criminal Revision Petition before the Sessions Judge who also by his order dated 01.09.2009, dismissed the said revision confirming the order passed by the learned Magistrate. The petitioner being aggrieved of the said order is before this Court.

Learned counsel for the petitioner at the outset did not dispute the jural relationship between the parties. The only contention urged was that he is prepared to take back the wife and daughter and as he is a coolie, he is unable to pay maintenance as ordered by the Courts below.

Per contra, the learned counsel for the respondents supported the impugned orders. The jural relationship between the parties is not disputed. The respondents who are wife and daughter have gone before the Magistrate seeking for interim maintenance on the ground that they have no source of income to sustain themselves. The material on record reveals that the petitioner is able bodied man who has sufficient means to maintain the respondents who are his wife and daughter. The Trial Court has awarded a sum of Rs. 1,000/- to each of the respondents. The order passed by the Trial Court is of the year 2008. The amount of Rs. 1,000/- ordered to be paid to each of the respondents, in my view, is too meager having regard to the rupee value which may not be sufficient for the respondents to maintain themselves in these days. Taking from any angle, the orders of the Courts below awarding interim maintenance to the respondents who are wife and daughter of the petitioner does not suffer any infirmity calling for interference in this petition.

Accordingly, I do not find any merit in this petition and it is dismissed.