JUDGEMENT
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(1.) In view of the averments mentioned in the application, same is allowed and delay of 120 days in filing the petition is condoned.
Crl. Revision No. 2715 of 2008
On an application filed by Master Gaurav Sharma-petitioner against his father Raman Sharma-respondent for grant of maintenance under Section 125 Cr.P.C., the Court of Judicial Magistrate, 1st Class, Amritsar, vide order dated 01.09.2007, fixed the maintenance at the rate of Rs. 2000/- per month. However, on the revision petition preferred by the respondent against the said order, the Additional Sessions Judge, Amritsar, vide judgment dated 04.03.2008, while partly accepting the revision petition, reduced the maintenance from Rs. 2000/- per month to Rs. 800/-per month.
(2.) The petitioner is the son of respondent. He having been born on 26.01.2002, must be 9 years old by now. Due to the respondent, they parted their ways and the petitioner is residing with his mother since 06.06.2006. The petitioner has stated that the respondent is a Manager of M/s. Airborn Courier Company and is drawing a salary of Rs. 7,000/- plus TA/DA, bonus and commission and total salary drawn by him is Rs. 10,000/- per month. Therefore, he has claimed maintenance to the tune of Rs. 3000/- per month from the respondent.
(3.) The respondent contested the application. He, while admitting the petitioner to be his son, denied all other allegations. He further stated that his wife was of an aggressive nature. Her father used to abuse, insult and misbehave with him and his family members. He admitted that he is employed at Patel Courier Service and his monthly salary is Rs. 2000/-, whereas his wife is drawing a salary of Rs. 6000/- per month, as she is posted as teacher in Sacred Heart High School. Thus, he prayed for dismissal of the application.;
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