Case Note & Summary
The case involves a criminal revision application filed by Rajkumar Ujawane, the father, challenging the order of the Additional Sessions Judge, Gondia, which enhanced the monthly maintenance payable to his minor daughter Juhi from Rs.200 to Rs.750 under Section 125 of the Criminal Procedure Code. The daughter, represented by her mother Mamatabai, had originally filed Misc. Criminal Application No.191/2000 before the Judicial Magistrate First Class, Gondia, who awarded Rs.200 per month. The mother's revision to the Sessions Court resulted in enhancement to Rs.750 per month from the date of application (23.10.2000). The father argued that he was a typist in the Civil Court at Gondia, had discontinued typing work, and had previously been jailed for non-compliance with a maintenance order under Section 24 of the Hindu Marriage Act, showing his inability to pay. The High Court, per Justice S.R. Dongaonkar, found no merit in the revision. The court noted that the Sessions Judge had considered the father's capacity and the child's needs, and the order was not incorrect or unjust. The revision was dismissed, upholding the enhanced maintenance.
Headnote
A) Criminal Law - Maintenance - Section 125 CrPC - Quantum of Maintenance - Revision against enhancement of maintenance from Rs.200 to Rs.750 per month for minor daughter - Father, a typist in Civil Court, contended inability to pay due to discontinuation of typing work and previous default under Hindu Marriage Act - Court held that the Sessions Judge's order was just and proper, considering the father's capacity and child's needs - Revision dismissed (Paras 1-5).
Issue of Consideration
Whether the order of the learned Sessions Judge awarding maintenance of Rs.750/- per month to the minor daughter is incorrect, improper and unjust.
Final Decision
The revision application is dismissed. The order of the Additional Sessions Judge, Gondia awarding maintenance of Rs.750 per month to the respondent is upheld.
Law Points
- Maintenance under Section 125 CrPC
- quantum of maintenance
- revision against maintenance order
- father's obligation to maintain minor child
Case Details
2006 LawText (BOM) (09) 128
Criminal Revision Application No.88 of 2003
Mr. N. R. Borkar for applicant, Mrs. V. N. Meshram for respondent
Rajkumar s/o Pyarelal Ujawane
Ku. Juhi d/o Rajkumar Ujawane, minor through mother Smt. Mamatabai
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Nature of Litigation
Criminal revision application challenging enhancement of maintenance under Section 125 CrPC.
Remedy Sought
Father sought to set aside the Sessions Judge's order enhancing maintenance from Rs.200 to Rs.750 per month.
Filing Reason
Father contended that the enhanced maintenance was excessive and beyond his capacity to pay.
Previous Decisions
Judicial Magistrate First Class, Gondia awarded Rs.200 per month in Misc. Criminal Application No.191/2000; Additional Sessions Judge, Gondia enhanced it to Rs.750 per month in Criminal Revision No.78/2002.
Issues
Whether the Sessions Judge's order awarding maintenance of Rs.750 per month is incorrect, improper and unjust.
Submissions/Arguments
Father argued he is a typist in Civil Court, has discontinued typing work, and was jailed for non-compliance with maintenance order under Section 24 Hindu Marriage Act, showing inability to pay Rs.750.
Ratio Decidendi
The Sessions Judge's order enhancing maintenance was just and proper, considering the father's capacity and the child's needs; no ground to interfere in revision.
Judgment Excerpts
A short point for determination in the present revision is whether the order of the learned Sessions Judge Gondia to award maintenance of Rs.750/- per month, is incorrect, improper and unjust.
To contend that it is so, the learned counsel for the revision petitioner Shri Borkar, has submitted that the revision petitioner is doing Typing work of Marathi and English in the Civil Court at Gondia.
Procedural History
Respondent (minor daughter) filed Misc. Criminal Application No.191/2000 under Section 125 CrPC before Judicial Magistrate First Class, Gondia, who awarded Rs.200 per month on 22.7.2002. Mother filed Criminal Revision No.78/2002 before Additional Sessions Judge, Gondia, who enhanced maintenance to Rs.750 per month from date of application. Father filed Criminal Revision Application No.88/2003 before Bombay High Court, Nagpur Bench, which dismissed the revision on 14.9.2006.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
- Hindu Marriage Act, 1955: 24
