KANSHIRAM Vs. SHANTIBAI

JUDGEMENT

(1.) THE applicant, husband of the non-applicant Shantibai, has directed this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing the orders of the Court below dated 20. 2. 1998 and21. 2. 1997 respectively passed by Additional Sessions Judge, Biaora in Criminal Revision No. 40 of 1997 and the Judicial Magistrate, First Class, Biaora in Misc. Criminal Case No. 35 of 1987, whereby the learned Courts below granted maintenance allowance in favour of the non-applicant Shantibai and her minor children at the rate of Rs. 900/- per month from the date of filing of the application.

(2.) LEARNED Counsel for the applicant contended that after separating the non-applicant and the minor children; he transferred agricultural land and the house for residence in favour of the minor children for their maintenance and as the non-applicant and the minor children are able to maintain themselves out of the income of the agricultural land, not entitled for any maintenance from the applicant. He also contended that the Courts below without mentioning any reasons awarded maintenance in favour of the non-applicant and made payable from the date of the application which is contrary to the provisions of Section 125 (2) of the Code. The Courts below have committed an error in passing the impugned orders without taking into consideration of the aforesaid facts and granted maintenance allowance in favour of the non-applicant from the date of filing of the application.

(3.) ON perusal of the record and the impugned orders, the learned Courts below on evaluating the evidence held that the actual possession of the land or house was not transferred to the non-applicant or the minor children and also held that the non-applicant and the minor children are unable to maintain themselves and granted maintenance allowance in their favour. The finding on the aforesaid point of both the Courts below is based on proper evaluation and appreciation of the evidence on record and it cannot be interfered with in exercise of the powers under Section 482 of the Code.