1 This petition under Articles 226 and 227 of the Constitution of India read with Section 125 of the Code of Criminal Procedure, 1973 is filed by the petitioner against the award of maintenance of insignificant amount of Rs.800/- to the wife and Rs.400/- to the minor from the dated of application by the learned Judicial Magistrate, First Class, Una, by order dated 21.12.2009 in Criminal Misc. Application No.224 of 2003, which came to be confirmed by the revisional court, namely, learned 4th Additional Sessions Judge, Veraval, Camp at Una, by judgment and order dated 23.12.2011, in Criminal Revisional Application No.1 of 2010.
2 Learned counsel for the petitioner would submit that, since part of land bearing survey No.199, admeasuring around 2.75 bighas of village Elampur, was already transferred in the name of the minor and the said land is being cultivated, the petitioner has no responsibility to pay maintenance to the wife and the minor and the said fact is admitted by the wife in the cross examination. Besides, the income of the petitioner is not so proportionate to pay the amount of maintenance as ordered and, therefore, the impugned orders passed by the Courts below deserve to be quashed and set aside.
3 As against, learned counsel for respondent Nos. 2 and 3 would submit that the respondent-wife is unable to determine her course of action and what is recorded in the cross-examination is not true since the possession of the land remains with the grand-father of the minor and, even otherwise also, when the marriage with respondent-wife subsists and is not annulled in accordance with law, the Court below has rightly awarded the maintenance, which was confirmed by the Revisional Court, and, in absence of any error of law or jurisdiction, the present writ petition under under Articles 226 and 227 of the Constitution of India deserves to be rejected.
4 Considering the overall facts and circumstances, I am inclined to accept the submissions of learned counsel for respondent Nos. 2 and 3 and find no justification or reason to interfere with the orders passed by the Courts below awarding maintenance of insignificant amount of Rs.800/- to the wife and Rs.400/- to the minor. No case is made out to entertain the present petition. Hence, this petition is rejected. Notice is discharged.
(ANANT S. DAVE, J.) (swamy) Top