S.S.DEWAN, J. - (1.) THIS criminal revision arises out of the proceedings for maintenance under section 125 of the code of Criminal Procedure, 1973 (for short, the Code). The Judicial Magistrate, Nakodar, went into the matter thoroughly in calculating the income of the petitioner and granted maintenance to his son, Sukhdev Singh at the rate of Rs. 100/ - per month. Feeling aggrieved, Balwant Singh petitioner has now come up in revision.
(2.) SMT . Baljit Kaur was married to Balwant Singh in October, 1976 at village Lohian Khas, according to Hindu rites and out of this wedlock, one son Sukhdev Singh was born. It is alleged that after the marriage Balwant Singh asked his wife Baljit Kaur to bring some more dowry and cash from her parents but she could not fulfil his requirements. Eventually, Balwant Singh maltreated her and turned her out of his house. It is in these circumstances that the petition for maintenance was filed by Smt. Baljit Kaur and her son Sukhdev Singh. The main plank of the argument advanced on behalf of the petitioner is that he was not in flourishing circumstances and that the monthly income of Rs. 600/ - got by him would not justify the maintenance given by the Court below. I must firstly of all point out that it is the settled practice of this Court not to interfere in the revision with the quantum of maintenance which is awarded by the Magistrate unless it is so mainifestly perverse that it requires interference. Besides, the possession of property or other income is not at all the criterion for awarding maintenance under section 125 of the Code. It is independent of possession of property. So long as a man, if able -bodied can work and earn his livelihood, it is his duty to support his wife. Now according to the learned Magistrate, who has dealt with this aspect at considerable length and has taken pains to go through the entire relevant evidence, the conclusion reached was that the petitioner being a Constable was getting more than Rs. 600/ - per month and awarded Rs. 150/ - to Smt. Baljit Kaur and Rs. 100/ - to her son Sukhdev Singh, which is hardly adequate for a woman, who has to maintain her child in these days of soaring prices. In this background I am afraid it is hardly open to the counsel for the petitioner to reopen and reagitate this aspect.
(3.) THE net result is that there is no ground to interfere with the order passed by the trial Magistrate and this revision petition is dismissed. Revision Petition dismissed.;