JUDGMENT 1. - In an application under section 125 Criminal Procedure Code the trial Court, after considering the evidence on record, allowed a maintenance of Rs. 1,000/- per month to respondent-wife and Rs. 600/- per month to petitioner No.2, the minor daughter vide order dated 16.8.2002. The above order of the trial Court was modified by the revisional Court vide order dated 22.3.2003 to the extent that the petitioner-wife was denied maintenance mainly on the ground that her earlier marriage has not been dissolved so far in accordance with law. Hence the present petition challenging the order dated 22.3.2003 passed by the revisional Court to the extent of denying the claim of maintenance to the petitioner- wife. 2. After hearing learned counsel for the parties, I have carefully gone through the material on record and also both the orders passed by the Courts below. 3. As has come on record of the trial Court, the petitioner-wife had divorced her first husband under the customary law. The documents in this regard bearing signatures of the petitioner-wife and her first husband, has also been placed on record. Even the marriage of petitioner-wife was solemnized with the respondent under the customary law and out of the wedlock, the daughter was born. It has also come on record that subsequently the respondent had also filed petition for divorce against the petitioner-wife on the ground of desertion. 4. After having considered the entire facts and circumstances, since the petition filed by the respondent husband in regard to divorce is pending before the competent Court, the revisional Court ought not to have interfered with the order of the trial Court in regard to claim of the petitioner wife for maintenance at this stage. 5. Accordingly, the revision petition is allowed. The impugned order dated 22.3.2003 passed by revisional Court is set aside. As has been contended by the counsel for the respondent husband that the maintenance by the trial Court has been allowed to the tune of Rs. 1,000/- per month to the petitioner-wife and Rs. 600/-per month to the minor daughter w.e.f 8.11.2000, whereas under the law at the relevant time, only maximum Rs. 500/- per month could be allowed to each of the petitioners. The maintenance was increased by way of amendment in the Code only w.e.f 1.5.2001. 6.
1,000/- per month to the petitioner-wife and Rs. 600/-per month to the minor daughter w.e.f 8.11.2000, whereas under the law at the relevant time, only maximum Rs. 500/- per month could be allowed to each of the petitioners. The maintenance was increased by way of amendment in the Code only w.e.f 1.5.2001. 6. Having considered the above submissions, the order dated 16.8.2002 passed by the trial Court is modified to the extent that the petitioner-wife and the petitioner minor daughter shall be entitled for Rs. 500/- per month each w.e.f 8.11.2000 till 30.4.2001 and thereafter shall be entitled for maintenance of Rs. 1,000/- per month and Rs. 600/- per month respectively wo~. f. 1.5.2001. Compliance of the order, passed to day, be made within 30 days from today.Revision petition allowed. *******