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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
SMT. AMIA DEVI AND ORS. – Appellant
Versus
STATE – Respondent
CRLMP / 2066 / 2014
Order :
1. These instant Misc. Petitions have been preferred to made challenge to the order passed by the learned Magistrate dated 17.03.2012 passed in Criminal Misc. Case No.217/2007 and the order dated 28.05.2014 passed by the learned Sessions Judge Sirohi in Criminal Revision No.73/2012. One on behalf of the wife and her minor children and the other is on behalf of husband. It was a proceeding under Section 125 Cr.P.C .
2. After taking on record, the pleadings, examining the wife Amiadevi, A.D.2 Pabu as well as the examining the husband and his two wives along with some documents, the learned Magistrate disposed of the application under Section 125 of the Cr.P.C . with the observation that applicant No.2 Shanti had attained the majority and married to someone therefore she is not entitled to get maintenance while the applicant No.3 Mahendra, the minor son was allowed to get maintenance until he attains the age of majority.
2.1 Wife and her minor children preferred a revision petition, which was allowed by the learned Sessions Judge and directions were issued to the husband to pay a some of Rs.2,000/- per month to the wife Smt. Amiadevi while the petition filed on behalf of minor children was dismissed.
2.2. Both the parties made challenge to this Court to the orders aforesaid.
3. I have heard learned counsel for the parties and gone through the record of the case.
3.1. Indisputably, the child Shanti and Mahendra had attained the age of majority and so also that the daughter Shanti got married to someone, therefore, there remains no question of granting maintenance to them and to this extent, the order of Court of revision is approved. The wife Amiadevi who has already awarded Rs.2,000/- per month as maintenance which seems to be very paltry amount, thus the same is enhanced from Rs.2,000/- to Rs.3,000/- per months. Now the petitioner shall pay Rs.3,000/- per month to the wife-Amia Devi instead of Rs.2,000/- per month as maintenance from the date of this order.
4. With these observations, directions and modifications, the instant Misc. Petitions as well as stay petitions stand disposed of.
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