RAJENDRA KUMAR Vs. KANCHAN SAHU

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 15.9.2012 passed by the Court of Sessions Judge, Tikamgarh, in Criminal Revision No.7 of 2012; whereby the amount of maintenance under section 125 of the Code of Criminal Procedure, supposedly granted to respondents No.2 and 3 Kumari Sejal and Uday was enhanced from Rs.500/ - to Rs. 1000/ - per month.

(2.) THE facts necessary for disposal of this criminal revision may be summarized as follows: Respondents Kanchan, Sejal and Uday moved an application under section 125 of the Code of Criminal Procedure for maintenance against the revision petitioner husband Rajendra Kumar in the Court of Judicial Magistrate First Class, Niwadi, District Tikamgarh. The application was registered as Miscellaneous Case No.61 of 2011. After trial, learned Magistrate held that respondent No. 1 Kanchan is legally wedded wife of revision petitioner husband Rajendra Kumar and respondents Sejal and Uday are their legitimate children. Respondent Kanchan is unable to maintain herself and respondents Sejal and Uday. Revision petitioner Rajendra, inspite of having sufficient means, is refusing or neglecting to maintain the respondents Kanchan and Uday. Respondents Sejal is living with her father revision petitioner Rajendra; therefore, revision petitioner was directed to pay maintenance @ of Rs. 1000/ - per month to respondent Kanchan and Rs.500/ - per month to respondent Uday.

(3.) THE order dated 14.12.2011 passed by Learned Magistrate granting maintenance as above, was challenged before the Court of Sessions Judge, Tikamgarh, on behalf of the respendents, in Criminal Revision No.7 of2012 on the ground that it was insufficient, keeping in view the expenditure likely to be incurred on their education. Learned Sessions Judge enhanced the amount of maintenance @ Rs. 500/ - per month to each of them, to Rs. 1000/ - per month.