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2014 DIGILAW 166 (PNJ)

Manoj Kumar v. Pushpa Rani

2014-01-20

REKHA MITTAL

body2014
JUDGMENT Mrs. Rekha Mittal, J.:- The present petition under Section 482 of the Code of Criminal Procedure (in short, ‘the Code’) has been preferred, assailing order dated 12.09.2012 (Annexure P1), passed by the Chief Judicial Magistrate, Bathinda and order dated 12.03.2013 (Annexure P2), passed by the Sessions Judge, Bathinda, whereby the respondents have been awarded interim maintenance @ Rs.10,000/- per month (Rs.5,000/- each) in proceedings under Section 125 of the Code. 2. Counsel for the petitioner would contend that the petitioner is suffering from physical disability and he has a family to look after consisting of his wife and two school going children. It is further submitted that Suman daughter of the petitioner is studying in Class VII and Sagar, his son is a student of Class VI. The petitioner has to incur expenditure on the education of his children as well as imparting extra coaching. The petitioner is getting total salary of Rs.55,000/- per month, but his carry home salary is only Rs.25,000/- per month. Counsel for the petitioner strenuously argued that keeping in view the number of persons dependent upon the petitioner, the interim maintenance awarded by the Courts below to the respondents may be reduced to enable the petitioner to look after his grown up children and their needs. 3. Counsel for the respondents has contended that the respondents are old aged parents of the petitioner, admittedly working as Manager in State Bank of Patiala and drawing handsome salary of Rs.60,000/- per month. The petitioner is enjoying all the facilities, including Car, Kothi, Air-conditioner, expensive Mobile handset and all other luxuries. The respondents in the last era of their lives have been brought on the verge of starvation for want of any source of income and the attitude of the petitioner who is not willing to provide adequate maintenance to them. The respondents were earlier residing on the first floor of the house owned by the petitioner, but they have been turned out of the said house and as a result, interim maintenance awarded by the Courts below is otherwise not sufficient to meet their requirements of payment of rental, food, clothing and medicines etc. The last submission made by counsel is that the accommodation on the first floor of the house of the petitioner has been rented out and is a source of income besides salary of the petitioner. 4. The last submission made by counsel is that the accommodation on the first floor of the house of the petitioner has been rented out and is a source of income besides salary of the petitioner. 4. I have heard counsel for the parties and gone through the records. 5. No doubt, the petitioner has a family to look after consisting of his wife and two children. The petitioner cannot escape his liability to maintain his feeble, old aged and destitute parents. 6. Keeping in view the social as well as financial status enjoyed by the petitioner coupled with the prices of daily necessities of life and needs of the respondents, there is no scope for interference in the impugned orders. The amount of Rs.10,000/- per month awarded to the respondents may not be sufficient to satisfy their requirements of food, clothing, medicines and shelter etc. I do not find any error much less illegality in the impugned orders as would call for interference, in exercise of jurisdiction under Section 482 of the Code. 7. For the aforesaid reasons, the petition is dismissed. 8. However, any observation made in the order would be confined to disposal of the petition and will not prejudice the decision of the trial Court in proceedings under Section 125 of the Code.