Case Note & Summary
The petitioner, Ravi, is the husband of respondent No.1 and father of respondent Nos.2 and 3. Respondent No.1 filed Crl.Misc.Petition No.314/2010 under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Civil Judge and JMFC, Holenarasipura, claiming maintenance for herself and her two minor children on the ground that the petitioner had neglected to maintain them since 2006 despite having sufficient means. The trial court, by order dated 07.03.2012, awarded maintenance of Rs.500/- per month to respondent No.1 and Rs.300/- per month each to respondents No.2 and 3. Aggrieved by the inadequacy of the amount, respondent No.1 filed a revision petition before the Fast Track Court and Sessions Judge, Hassan (Crl.R.P.No.60/2012). The Sessions Judge, by order dated 01.10.2012, enhanced the maintenance to Rs.1,000/- per month for respondent No.1 and Rs.750/- per month each for respondents No.2 and 3, payable from the date of the petition till the lifetime of the petitioner and till the marriage of the daughters. The petitioner challenged this order before the High Court under Section 482 Cr.P.C. The High Court heard the petitioner's counsel, while the respondents' counsel was absent. The court noted that there was no dispute regarding the relationship between the parties. The court observed that the Sessions Judge had considered the material on record and the income of the petitioner and found that the quantum of maintenance awarded was just and proper. The High Court held that the order did not suffer from any illegality or irregularity warranting interference under Section 482 Cr.P.C. Accordingly, the criminal petition was dismissed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 Cr.P.C. - Neglect to maintain - The wife filed a petition under Section 125 Cr.P.C. claiming maintenance for herself and minor children on the ground that the husband neglected to maintain them since 2006. The trial court awarded Rs.500/- per month to the wife and Rs.300/- each to the children. On revision, the Sessions Judge enhanced the maintenance to Rs.1,000/- for the wife and Rs.750/- each for the children. The High Court upheld the enhancement, holding that the quantum is just and proper and that the husband's income is sufficient to pay the said amount. (Paras 1-3)
Issue of Consideration
Whether the order of the Sessions Judge enhancing maintenance from Rs.500/- to Rs.1,000/- for wife and Rs.750/- each for children is justified and whether the petition under Section 482 Cr.P.C. is maintainable.
Final Decision
The High Court dismissed the criminal petition, upholding the order of the Sessions Judge dated 01.10.2012 in Crl.R.P.No.60/2012.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Neglect to maintain
- Quantum of maintenance
- Revision against maintenance order
