Case Note & Summary
The petitioner, Anita Dashrath Dolare, filed a writ petition challenging the order of the Additional Sessions Judge, Solapur, dated 09.04.2018, which reduced the maintenance amount granted to her by the Judicial Magistrate First Class, Solapur, from Rs. 3000 per month to Rs. 1500 per month under Section 125 of the Code of Criminal Procedure, 1973. The petitioner and respondent No.1, Dashrath Mahadev Dolare, are wife and husband, married on 20.05.1997. The petitioner alleged that after marriage, the husband started quarreling and neglected her. She filed an application for maintenance, claiming that the husband was a teacher earning Rs. 50,000 per month and owned a house and agricultural land. The Magistrate, after considering the evidence, granted maintenance of Rs. 3000 per month. The husband filed a revision before the Sessions Court, which reduced the maintenance to Rs. 1500 per month. The wife then filed the present writ petition. The High Court examined the facts and found that the Sessions Court had erred in interfering with the Magistrate's discretion. The High Court noted that the husband had sufficient income and assets, and the reduction was not justified. The court restored the Magistrate's order granting Rs. 3000 per month maintenance. The court also held that the revisional court should not interfere unless the order is perverse or illegal. The petitions were allowed, and the Sessions Court's order was set aside.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The wife filed application for maintenance; Magistrate granted Rs. 3000 per month; Sessions Court reduced it to Rs. 1500 per month. High Court held that the Sessions Court erred in interfering with the Magistrate's discretion without sufficient grounds, and restored the Magistrate's order. (Paras 1-10) B) Criminal Procedure Code - Revision - Section 397 CrPC - Scope of Interference - The revisional court should not interfere with the Magistrate's order unless it is perverse or illegal. The Sessions Court's reduction was not justified as the husband had sufficient income and assets. (Paras 5-10)
Issue of Consideration
Whether the Sessions Court was justified in reducing the maintenance amount granted by the Magistrate under Section 125 CrPC, and whether the High Court should interfere with the revisional order.
Final Decision
The High Court allowed the writ petitions, set aside the order of the Additional Sessions Judge, Solapur dated 09.04.2018, and restored the order of the Judicial Magistrate First Class, Solapur dated 11.08.2017 granting maintenance of Rs. 3000 per month to the petitioner.
Law Points
- Maintenance under Section 125 CrPC
- quantum of maintenance
- revision jurisdiction
- interference with magistrate's discretion
