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2012 DIGILAW 704 (RAJ)

Ravindra Kumar v. State of Rajasthan

2012-03-21

SANDEEP MEHTA

body2012
JUDGMENT 1. - Instant misc. petition has been filed by the petitioner challenging the order dated 8.2.2008 passed by the Judicial Magistrate No. 2, Bhilwara awarding maintenance to the respondent wife and children of the petitioner in an application filed under Section 125 Cr.P.C. as affirmed in revision by learned Additional Sessions Judge No. 1, Bhilwara by his order dated 6.8.2008. 2. Assailing the impugned order, learned counsel for the petitioner submits that the order of learned Magistrate is illegal for the reason that the directions to make payment of maintenance to the two daughters has been made uptill date of marriage. He submits that such a direction is contrary to Section 125 Cr.P.C. because by virtue of said provision, maintenance can only be awarded till the female child attains majority. Thus, he submits that the order impugned is absolutely illegal. He further submits that the order whereby the application has been accepted from the date of filing of the same is also illegal. 3. Learned counsel appearing for the respondent places reliance on the decision of this Court in the case of Smt. Anita v. Tarachand @ Jalam Singh, reported in 2011 (2) Cr.L.R. (Raj.) 1121 and submits that this Court relying on two decisions of the Apex Court unequivocally held that the maintenance to a female child can be granted under Section 125 Cr.P.C. until she is married. He further submits that the petitioner is a Government teacher as such, the amount of maintenance which has been awarded is on the lower side and same should be enhanced. 4. Having considered the arguments advanced at the Bar and after having gone through the orders impugned, this Court is of the opinion that prima facie the order of the learned trial Court directing grant of maintenance to the three respondents at the rate of Rs. 2,600/- appears to be absolutely inadequate. It cannot be believed that three females can maintain themselves by this paltry amount. Be that as it may, for enhancement in the amount of maintenance, respondents have to file an application under Section 127 Cr.P.C. In the event of such an application being filed, the learned trial judge shall be under an obligation to decide the same keeping in view the salary being earned by the petitioner as on date as well as rise in the cost of living. 5. The misc. 5. The misc. petition being bereft of merits is rejected. Record of the case be sent back forthwith.Petition dismissed. *******