( 1 ) - This order shall also govern the disposal of Misc. Criminal Case No. 1418/86 (Shriram v. Gangabai ).

( 2 ) THIS is a revision filed by the wife Gangabai against the order dated 5-6-1986 passed by the Addi. Judge to the Court of the Sessions Judge, Mandleshwar Camp Khargone in Cr. Revision No. 11/86 modifying the order dated 4-11-1985 passed by the Chief Judicial Magistrate Khargone in Misc. Cr. Case No. 34/83.

( 3 ) THE applicant had preferred a claim for maintenance under section 125 of the Code of Criminal Procedure against the opponent-husband Shivram in the Court of the Chief Judicial Magistrate, Khargone claiming maintenance Rs. 500/- per month which was allowed, to the extent of Rs. 200/- per month by the learned Magistrate. In revision filed by the opponent-husband in the Court of the learned Addi. Judge to the Court of Sessions Judge, the amount of maintenance has been reduced to Rs. 125/- per month by the impugned order. Being aggrieved by the aforesaid order, the applicant has filed this revision.

( 4 ) THE opponent-husband has, on the other hand filed a Misc Criminal Case No. 1418/86 under Section 482 of the Code of Criminal Procedure against the impugned, order challenging the grant of maintenance from the date of the claim-application i. e. , 23-7-1983 instead of the date of the Trialmagistrates order dated 4-11-1985.

( 5 ) HAVING heard learned counsel and having considered the orders of the Courts below and the evidence on record. I have come to the conclusion that this revision must be allowed and that the Misc. Criminal Case No. 1418/86 filed by the husband must be dismissed.

( 6 ) THE learned Chief Judicial Magistrate had fixed the amount of maintenance Rs. 200/- per month having regard to the means of the husband and the requirement of personal expenses as stated by the applicant in her cross-examination. It has been established that the opponent- husband Shivram and his father Mangilal have ancestral agricultural lands in village Julvania and Maiharja and that 4. 854 hectares are recorded in the name of the husband-Shivram in village Julvania and 12. 821 hectares in the name of father Mangilal at village Maijarha. It is stated by Shiv ram (NAW-1) that his fatherts land were irrigated by a NALA and that he bas facility of a motor- pump for irrigation. He has, however, stated that for the last 12 months he is living separate from his father. The applicant had stated the income of the opponent-husband to be Rs. fifty to sixty thousand rupees whereas the opponent-husband had stated his income to be three to four thousand rupees annually. The applicant bas been cross-examined about her personal requirement and from what she has stated in that regard, the learned Trial Magistrate has assessed her requirement at Rs. 200/- per month for modest living.

( 7 ) IN my opinion, the amount of Rs. 200/ per month awarded by the Trial Magistrate as maintenance, appears in the circumstances, to be just and proper. The learned Revisional Court of the Addi. Judge to the Court of the Sessions Judge has reduced the amount of maintenance from Rs. 200/- to Rs. 125/- per month on the basis that the opponent had stated his annual income to be three to four thousand rupees and that the lands are all ancestral and that he had been joint with his father. The husband has, however, stated in his evidence recorded on 26. 8-1985 that he had separated from his father for the last 12 months. But there is no plea or document of partition in support of his statement about separation. In the circumstances, the reduction of the amount of maintenance granted by the Trial Court does not appear to be reasonable.

( 8 ) CONSEQUENTLY, the modification in the amount of maintenance from Rs, 200/- to Rs. 125/- per month as ordered by the learned Revisional Court is liable to be set aside and the order of the learned Trial Magistrate in this regard is liable to be restored.

( 9 ) IN Misc. Criminal Case No. 1418/86. which has been fil