- (1.)THIS petition under Section 482 of the Code of Criminal Procedure [for short "the Code"] has been filed against the order dated 06.02.2015 passed by ASJ, Dharampuri, District Dhar in Criminal Revision No.245/2014, whereby partly allowed the revision and directed the applicant to pay maintenance at the rate of Rs.2,500 -00 per month to Non -applicant No.1; whereas affirmed the order dated 10.10.2014 passed by JMFC in Criminal Case No.26/2011 to pay maintenance to Non - applicants No.2 to 7 at the rate of Rs.800 -00 per month to each.
(2.)The brief facts of this case are that the marriage of applicant and Non -applicant No.1 was solemnized about 14 years back and out of their wedlock 4 daughters and 2 sons, who are Non -applicants No.2 to 7, were born, who are now minor. The Non -applicant No.1 along with her children (Non -applicants No.2 to 7) are residing with her parents house due to harassment given by the applicant and applicant has contracted second marriage with one Foolabai. The Non -applicants have filed the application for grant of maintenance under Section 125 of the Code. The learned Magistrate after inquiry allowed the application and directed the applicant to pay maintenance at the rate of Rs.4,000 -00 per month to Non -applicant No.1 and Rs.800 -00 per month to Non -applicants No.2 to 7. Being aggrieved with this order, the applicant has preferred the revision. The revisional Court considering the evidence on record, reduced the amount of maintenance of Non -applicant No.1 from Rs.4,000 -00 to Rs.2,500 -00 per month; whereas affirmed the order of maintenance at the rate of Rs.800 -00 per month to Non -applicants No.2 to 7. Being aggrieved, the applicant has filed this petition.
(3.)Learned counsel for the applicant submits that the applicant's father is agriculturist and he assist him in agricultural operations. He has no his own income. He is not in a capacity to pay maintenance as awarded by the Courts below. Therefore, the total amount of maintenance granted by the Courts below be reduced up to Rs.5,000 -00 which he is ready to pay. Thus, the order be modified.