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Madhya Pradesh High Court · body

1977 DIGILAW 656 (MP)

Palamotil, Thomas Mathews v. Aju Mathews

1977-12-13

S.S.SHARMA

body1977
Short Note : In a proceedings under section 125 of the Code of Criminal Procedure, 1973, the Judicial Magistrate granted maintenance at the rate of Rs. 100 per month to each of the two minor claimants. Held : The law does not contemplate that while granting maintenance luxuries are to be provided. The amount of maintenance should be fixed on a consideration of the status of life and the means of the person paying the necessities of the person who claims maintenance have also to be considered while fixing the quantum. This would necessarily involve some guess also, but it has to be reasonable and not arbitrary Amount of maintenance reduced. Revision partly allowed.