Short Note The wife, petitioner has preferred this revision under section 397 of Code of Criminal Procedure against her husband against the order passed in Criminal Revision No. 112/99 on 20th January, 2000 by Additional Sessions Judge, Dewas thereby reducing the amount of maintenance from Rs. 1,500/- to Rs. 500/-. The grievance of the petitioner is that she filed an application before the trial Court under section 125 of Cr. PC on 18.8.1997 for claiming maintenance firstly at the rate of Rs. 500/- and thereafter amended and claimed Rs. 3,000/- per month on the ground that she was a married wife of the respondent. The marriage took place on 14.4.1993 and she was living with the husband but she was not treated well by the husband during this period and there are allegations for practicing cruelty as well as demand of dowry. The respondent left the applicant with her parents. She lodged a report on 24.5.1997 before the B.N.P. Police Station, Dewas under section 498A of IPC and the case was registered. The submission of petitioner was that the respondent is a teacher drawing a salary of Rs. 3,000/- per month and also having 70-75 beeghas irrigated land including tube-well and other irrigation facilities and not maintaining the applicant and has left her with her parents. The evidence of the parties was recorded and the learned trial Court by order dated 16.8.1999 granted maintenance at the rate of Rs. 1,500/- per month to the petitioner from the date of the order. Against the said order of the Judicial Magistrate, First Class, the respondent filed a criminal revision before Additional Sessions Judge. This criminal revision was allowed and the learned revisional Court reduced the amount of maintenance from Rs. 1,500/- to Rs. 500/- against which this revision has been preferred. I have heard the learned counsel for the parties and perused the record. It is undisputed before this Court that both are husband and wife and they are living separately and husband has refused to keep her and maintain her. The respondent is working as a teacher and also having irrigated land. In the evidence, it has come on record that the respondent is a "Shiksha Karmi" in the Panchayat School since 1995 and he is working temporarily. He is getting two months' break in service every year and is also not getting salary of those two months of Summer Vacation.
In the evidence, it has come on record that the respondent is a "Shiksha Karmi" in the Panchayat School since 1995 and he is working temporarily. He is getting two months' break in service every year and is also not getting salary of those two months of Summer Vacation. This fact is not admitted by him that he is having 70-75 beeghas of land. He admits that his family is having 4-5 hectares of land even though this land is un-irrigated. Therefore, it cannot be presumed that he is having income of about more than one lakh rupees per month from such small agricultural land without any proof. None of the parties have filed any documentary evidence relating to the agricultural land or income from land or from salary. Considering the facts and circumstances of the case and looking to the overall evidence on record, a sum of Rs. 800/- would be the proper amount for maintenance of the applicant. Accordingly, the order of the trial Court for granting maintenance at the rate of Rs. 1,500/- per month and the order of revisional Court reducing it to Rs. 500/- both are set-aside and it is directed that the respondent-husband shall pay a sum of Rs. 800/- (Rupees Eight Hundred only) per month to the applicant from the date of order. The respondent shall deposit the entire amount from the date of the order within a period of two months in the trial Court and thereafter shall regularly pay a sum of Rs 800/- per month as maintenance to the applicant. This petition is disposed of with the aforesaid directions. No order as to costs.