Case Note & Summary
The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the order dated 30.07.2015 passed by the trial court in a maintenance case under Section 125 CrPC. The petitioner sought enhancement of maintenance from Rs. 2,000 per month to Rs. 10,000 per month. The respondent, Sri. Manmohan Attavar, had died during the pendency of the proceedings, and his legal representatives were brought on record. The petitioner argued that the trial court had misread evidence and given incorrect weightage to the evidence on record, and that the order was perverse. The respondents contended that the quantum of maintenance was just and proper, and the revision petition was without merit. The High Court, after hearing the party-in-person and the counsel for the respondents, held that the revisional court cannot re-appreciate evidence unless the findings are perverse or illegal. The court found no perversity or illegality in the trial court's order and dismissed the revision petition.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The petitioner-wife sought enhancement of maintenance from Rs. 2,000 to Rs. 10,000 per month. The trial court, after considering evidence, granted Rs. 2,000 per month. The High Court held that the quantum was not perverse or illegal, and the revision petition was dismissed. (Paras 1-10) B) Criminal Procedure Code - Revision - Section 397 CrPC - Scope of Revisional Jurisdiction - The revisional court cannot re-appreciate evidence unless the findings are perverse or illegal. The High Court found no such perversity in the trial court's order. (Paras 1-10)
Issue of Consideration
Whether the trial court's order granting maintenance of Rs. 2,000 per month to the petitioner was perverse or illegal, warranting interference in revisional jurisdiction.
Final Decision
The criminal revision petition is dismissed. The trial court's order dated 30.07.2015 granting maintenance of Rs. 2,000 per month is upheld.
Law Points
- Maintenance under Section 125 CrPC
- Revision under Section 397 CrPC
- Scope of revisional jurisdiction
- Perversity of findings
- Quantum of maintenance
