Johnson M. Joseph vs Anita Johnson - 2001 Supreme(MP) 912

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(MP) 912

S.P.KHARE
Johnson M. Joseph – Appellant
Versus
Anita Johnson – Respondent

Advocates:
Advocate Appeared:
For the Appellant : K.S. Singh, Adv.
For the Respondent: Amit Verma, Adv.

Short Note

1. This is a petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) challenging the grant of maintenance allowance to respondent No.1 Smt. Anita Johnson, wife of the applicant, under section 125 of the Code.

2. It has been held by the Courts below that the respondent No.1 is earning an amount of Rs. 1,800/- per month as she is working as a Receptionist in Bhopal Sugar Industry Limited. The applicant is a Ticket-Collector in the Railways Judicial Magistrate First Class had granted maintenance allowance of Rs.2,000/per month to the wife but it has been scaled down to Rs. 1,000/- per month by the III Additional Sessions Judge, Bhopal in revision.

3. It has been argued on behalf of the applicant that his wife does not come in the category of 'unable to maintain herself and therefore, she is not entitled to any maintenance allowance under section 125 of the Code from her husband. The question is whether the words 'unable to maintain herself used in section 125(1)(a) of the Code should be construed so strictly as the learned counsel for the applicant wants, or there is scope for some liberal construction. The object of the p

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