JUDGMENT : M. B. Shah, J. Rule, Mr. S. J. Joshi, waives notice for opponent No. 1 Mr. K J. Vaidya, Public Prosecutor, waives notice for opponent no. 2. 2. Opponent no. Gitaben Ranchhodbhai Patel had filed Miscellaneous Criminal Application No. 331 of 1982 in Court of the Chief Judicial Magistrate, Rajkot, for maintenance under section 125 (1) of the Criminal Procedure Code. The learned Chief Judicial Magistrate by the Judgment and order dated 30th October, 1952 fired the maintenance of the opponent no. 1 at the rate of Rs. 400 per month from 30th January, 1982. He also awarded the expenses of Rs. 75 to the opponent no. 1. Against the said judgment and order the husband-petitioner has filed the aforesaid revision application before this Court. 3. At the time of admission of this revision application the petitioner had filed an application for condonation of delay in the filing of the aforesaid revision application On that application the Court had issued notice to the other side i.e. opponent no. 1. The delay was condoned and thereafter the matter was placed for admission hearing at that time it was suggested to the learned Advocate for the petitioner that looking to the facts and circumstances of the case it would be worthwhile to settle the entire dispute between the parties. The learned Advocate appearing on behalf of the opponent no. 1 submitted that the petitioner was not handing over the custody of minor child named Yogesh aged about 2½ years and that his client was prepared to settle the whole dispute if the custody of the child is handed over to opponent no. 1. The learned Advocate appearing of behalf of the petitioner fairly tried to settle the dispute and with his active assistance he has virtually settle the dispute between the parties. Thereafter the matter was adjourned from time to time and subsequently to 22nd November 1983. In 22nd November 1983, the petitioner's father who was present before the Court, agree to hand over the custody of the minor child to opponent no 1 for the welfare of the minor child-and requested the "Court that they would hand over the custody of the child to-day and hence the matter was adjourned. Today the petitioner, his mother and other relatives are present before the Court. Today the petitioner, his mother and other relatives are present before the Court. They submitted that they are ready and willing to hand over the custody of the minor child to opponent no. I with a condition that opponent no. 1. shall maintain the child properly and that the petitioner's parents and brother would be permitted to see the child whenever they desire. The learned advocate appearing on behalf of opponent no. 1, fairly agreed that without any hindrance the petitioner's parents and his brother would be permitted to see or meet the child but they should intimate the opponent no. 1 in advance. The opponent no. I shall file an undertaking to that effect before this Court on or before 2nd December, 1983. Whenever the child is at Ahmedabad, the petitioner's parents or his brother would be permitted to see the child without any intimation to the opponent no. 1. In any event, if the opponent no. I remarries, then the opponent no. 1 agrees and undertakes to this Court that the custody of the minor child will be handed over to the petitioner and/or his parents if they are willing to take the custody of the child. 4. The learned advocate for the petitioner has produced a certificate issued by the Deputy Engineer, Gujarat Industrial Development Corporation Vatwa Branch, stating that the petitioner is working as a Helper and his monthly salary is Rs. 581.51 p. and that from his salary Rs 75 are deducted for the loan advances. So he is getting the net amount of Rs. 506.51 p. Looking to the salary of the petitioner and looking to the fact that the opponent no. 1 has to maintain herself and her minor child, it would be fair to award Rs. 300 per month (Rs. 200 for the maintenance of the wife-opponent no. 1 and Rs. 100 for the maintenance of the minor child) as a maintenance from 1st December 1983. For the past maintenance the petitioner shall pay to the opponent no. 1 in all Rs. 4,500 out of the said amount the petitioner has already paid Rs. 2,000 to the opponent no. 1. So the petitioner shall pay the remaining amount of Rs. 2,500 to the opponent no. 1 within six months from today. 5. The petition is, therefore, partly allowed. Rule is made absolute to the aforesaid extent. Petition partly allowed.