V.K.KHANNA, J. - (1.) THIS is an application under Section 482 Cr. P. C. for quashing the two orders passed by the Special Judicial Magistrate in proceedings under Section 125, Cr. P. C. allowing maintenance at the rate Rs. 300/ - per month to the opposite -party Manju Malik and the order of the IV Additional Sessions Judge, Mathura confirming the aforesaid order passed by the Special Judicial Magistrate in revision preferred by the applicant.
(2.) THE learned counsel for the applicant has challenged the two orders on the ground that they proceeded on misreading of receipt Rs. 300/ - as the monthly amount of Rs. 300/ - per month granted by the Civil Court in favour of Manju Malik. On this basis it has been argued that the receipt showed that the amount of Rs. 300/ - represents a payment of the amount allowed by the civil court for the period of two months which would show that only Rs. 150/ - per month was allowed by he Civil Court.
(3.) THE learned counsel appearing for the opposite party has however urged that the courts have recorded findings on the quantum of maintenance independently on the facts and circumstances on the case and it is incorrect that the amount of maintenance has been fixed on the basis of the receipt of Rs. 300/ - filed by the opposite -party, Manju Malik. I have carefully gone through the two impugned orders and a perusal of those orders clearly shows that the two courts have not relied upon the receipt of Rs. 300/ - while fixing the amount of maintenance to which the opposite -party is entitled. The revisional court has specifically stated in his order that the amount of Rs. 300/ - per month is not an excessive amount in the circumstances of the case Even otherwise I am also of the opinion that granting of Rs. 300/ - per month cannot be said to be an excessive amount looking to the status of the opposite -party and also the fact that the applicant is an Engineer drawing more that Rs. 1,000/ - per month as his pay.;