JUDGMENT D.M. Dharmadhikari, J. 1. This revision at the instance of the wife and her minor son against her husband is directed against the order dated 13-3-1987 of the Third Additional Sessions Judge, Bilaspur rejecting their claim for grant of maintenance under Section 125 of the Code of Criminal Procedure. The trial Magistrate by order dated 2-1-1985 had granted a sum of Rs. 150/- per month to the wife and Rs. 50/- per month to the minor son as maintenance to be paid by the husband. The Sessions Court in revision at the instance of the husband set aside the order of the Magistrate on the ground that the evidence disclosed that the wife herself left the house of the husband and refused to live with him because he was living in a small accommodation jointly with his sister and brother-in-law. The Sessions Judge, therefore, formed an opinion that there was no refusal or neglect to maintain on the part of the husband. 2. Learned counsel appearing for the applicants, first made an attempt to assail the findings and conclusions reached by the revisional Court against the wife. Learned counsel then submitted that in any case there was no justification for the Sessions Court to set aside the order of the maintenance granted to the minor son. 3. Learned counsel appearing for the non-applicant made an attempt to support the whole order of the Sessions Judge. He, however, could not support the order of the Sessions Court in so far as it set aside the order awarding maintenance to the minor son. If the minor son was living away from the husband, it was his duty as a father to have made provision for his maintenance. 4. I do not find any justification to interfere with the findings of fact reached by the Sessions Court in respect of claim of maintenance by the wife. On the basis of the evidence the Sessions Court could justifiably come to the conclusion that the wife was guilty in refusing to live with the husband because the husband has small accommodation and was living jointly with his sister. 5. In my opinion, however, the Sessions Court committed a grave error in setting aside the order of the maintenance passed in favour of the minor son, the applicant No. 2. 5. In my opinion, however, the Sessions Court committed a grave error in setting aside the order of the maintenance passed in favour of the minor son, the applicant No. 2. I also beard the parties on the question of quantum of maintenance to the minor son. At the time when the case was instituted the applicant No. 2, Firoz Khan, was stated to be three years old i.e. in the year 1983. The applicant No. 2 now must be about 10 years of age which is a school going age. With the growing age his needs have also increased. The non-applicant being the father and the minor son being away from him and living with the mother, the nonapplicant cannot shirk his legal responsibility under Section 125 of the Criminal Procedure Code to maintain the minor son. The order of maintenance granted in favour of the applicant No. 2 in the sum of Rs. 50/- per month is maintained from the date of passing of the order by the Magistrate on 2-1-1985. 6. The minor son, applicant No. 2, having grown in age, I hereby increase the amount of maintenance payable to him to Rs. 200/- per month which is made payable from the passing of the present order. In fixing the above amount of maintenance I have taken into consideration the fact that at the time of institution of the proceedings before the Magistrate the nonapplicant was actually drawing salary Rs. 459.70 per month being employed as a Teacher in Balco (Korba). Since the wife, applicant No. 1, is not living with, him as also the minor son-applicant No. 2, he can maintain himself and also contribute to Rs. 200/- per month for maintenance and education of his minor son, applicant No. 2. 7. In the result the revision partly succeeds and is allowed to the extent of grant of maintenance at the rate of Rs. 50/- per month to the applicant No. 2 from the date of the passing of the order by the Magistrate on 2-1-1985 till the date of passing of the present order. The applicant No. 2 is awarded a sum of Rs. 200/- per month as maintenance which will be payable to him from the date of passing of the present order.