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2023 Supreme(Kar) 727

M. NAGAPRASANNA
Manjesh – Appellant
Versus
Abhilasha – Respondent


Advocates appeared:
B.S. Gurudath, Advocate

JUDGMENT/ORDER

1. Heard Sri. Gurudath B.S. learned counsel appearing for the petitioner.

2. The petitioner is before this Court calling in question an order dtd. 21/9/2022 passed in Crl.Misc.661/2021 under Sub-sec. 1 of Sec. 125 of the Cr.P.C., which grants maintenance of Rs.4, 000.00 to the wife and Rs.4, 000.00 to the two children born from the wedlock, who are 4 years and 21/2 years, respectively.

3. The petitioner is the husband, the respondent his wife. On the relationship between the two turning sour, certain proceedings are instituted against each other. One such proceeding is instituted by the wife, invoking Sec. 125 of the Cr.P.C. claiming interim maintenance. The concerned Court after considering the averments made in the petition and the objections, awards maintenance of Rs.4, 000.00 to the wife and Rs.2, 000.00 each to the children, who are 4 years and 21/2 years. It is this order that drives the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would contend that the petitioner is an agricultural coolie and does not have any fixed avocation and his daily earning is about Rs.3, 300.00 and the total earning would come to

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