Amar Bahadur vs State of U.P. and Another

Hon''ble S.C. Agarwal, J.—Heard learned counsel for the revisionist and learned A.G.A. for the State.

This revision is directed against the order dated 5.7.2011 passed by Special Judicial Magistrate, Court No. 3, Jaunpur in criminal case No. 73 of 2010 u/s 125 Cr. P.C, Sheela Dew v. Amar Bahadur whereby the maintenance allowance at the rate of Rs. 1500/- per month has been granted to opposite party No. 2 and at the rate of Rs. 500/- per month has been granted to her minor son w.e.f. the date of application.

Learned counsel submitted that the minor son of the revisionist and opposite party No. 2 has not been made a party in the application and despite this fact, maintenance allowance has been awarded to her. It was further submitted that the Magistrate was not justified in awarding the maintenance allowance w.e.f. the date of application.

Even if the minor has not been made a party in the petition, but prayer was made for granting of maintenance allowance in favour of opposite party No. 2 as well as her minor son, therefore, award of maintenance allowance to opposite party No. 2 and her minor son cannot be faulted with.

It is also an admitted fact that during pendency of the proceedings, not a single penny was paid as interim maintenance to the wife or child, therefore, grant of maintenance allowance w.e.f. the date of application is also justified. A petty sum of Rs. 1500/- per month to opposite party No. 2 and even a lower sum of Rs. 500/- per month to minor child has been awarded as maintenance allowance, which does not require any interference by this Court.

Revision is accordingly dismissed.