ORDER : 1. Present petition is filed under Section 482 Code of Criminal Procedure against order dated 8.5.2015 passed by learned Sessions Judge Mandi in Criminal Revision No. 16 of 2014 titled Meera Devi and Another vs. Budhi Singh. Brief facts of the case: 2. Meena Devi wife of Budhi Singh and Neelam Kumari minor daughter of Budhi Singh filed petition under Section 125 Code of Criminal Procedure for grant of maintenance allowance pleaded therein that Meena Devi is the legally wedded wife of Budhi Singh and their marriage was solemnized on 3.3.1999 as per Hindu rites and customs at village Alag and out of their wedlock one daughter namely Neelam Kumari born on 29.10.2000. It is pleaded that Budhi Singh and his family members tortured Meena Devi and case under Sections 498-A 506 and 323 IPC read with Section 34 of Indian Penal Code was registered in Police Station Sadar District Mandi H.P. It is further pleaded that Budhi Singh filed divorce petition against Meena Devi pleaded therein that Neelam Kumari is not the daughter of Budhi Singh. It is further pleaded that false allegation of adultery amounts to mental cruelty. It is further pleaded that after solemnization of marriage by Budhi Singh with Meena Devi, Budhi Singh also solemnized second marriage with Smt. Radha Devi D/o Sh. Jageshwar resident of Village Nahlog P.O. Baryara Sub Tehsil Kotli District Mandi H.P. and she has given birth to one daughter. It is further pleaded that Meena Devi is residing in old dilapidated house. It is further pleaded that Budhi Singh retired from military service. It is further pleaded that Meena Devi has no source of income to maintain herself as well as her minor daughter Neelam Kumari. It is further pleaded that Neelam Kumari is the student of 8th Class. It is further pleaded that Budhi Singh is getting pension to the tune of Rs. 20,000/- (Twenty thousand) per month. Maintenance allowance to the tune of Rs. 5000/- (Five thousand) per month sought to each of the petitioners. 3. Per contra response filed on behalf of Budhi Singh pleaded therein that a false case was filed under Sections 498-A, 506, 323 read with Section 34 Indian Penal Code. It is further pleaded that Meena Devi has deserted Budhi Singh since the year 2000 and she is not entitled for maintenance allowance. 3. Per contra response filed on behalf of Budhi Singh pleaded therein that a false case was filed under Sections 498-A, 506, 323 read with Section 34 Indian Penal Code. It is further pleaded that Meena Devi has deserted Budhi Singh since the year 2000 and she is not entitled for maintenance allowance. It is admitted that Budhi Singh retired from military service. It is also admitted that Neelam Kumari is student of 8th Class. It is denied that Budhi Singh is getting pension to the tune of Rs. 20,000/- (Twenty thousand) per month. It is further pleaded that Budhi Singh is getting pension to the tune of Rs. 7,225/- (Seven thousand two hundred and twenty five) per month. It is denied that Budhi Singh has solemnized second marriage with Smt. Radha Devi daughter of Jageshwar resident of Nahlog P.O. Baryara Sub Tehsil Kotli District Mandi H.P. Prayer for dismissal of maintenance petition sought. 4. Learned trial Court granted maintenance allowance to the tune of Rs. 1000/- (One thousand) per month to Meena Devi and learned trial Court granted maintenance allowance to the tune of Rs. 1500/- (One thousand five hundred) per month to minor Neelam Kumari from the date of order i.e. w.e.f. 25.6.2014. 5. Feeling aggrieved against the order of learned trial Court Meena Devi and Neelam Kumari filed revision petition before the learned Sessions Judge Mandi District Mandi H.P. and learned Sessions Judge vide order dated 8.5.2015 enhanced the maintenance allowance to the tune of Rs. 15,00/- (One thousand and five hundred) per month to petitioner No. 1 Meena Devi and learned Sessions Judge enhanced maintenance allowance to the tune of Rs. 25,00/- (Two thousand and five hundred) per month to co-petitioner No. 2 Neelam Kumari minor student of Class VIII. 6. Feeling aggrieved against the order dated 8.5.2015 passed by learned Sessions Judge Budhi Singh filed petition under Section 482 Code of Criminal Procedure. 7. Court heard learned Advocate appearing on behalf of the petitioner and learned Advocate appearing on behalf of non-petitioners and also perused the entire record carefully. 8. Following points arise for determination in this bail application:- Point No. 1 Whether petition filed under Section 482 Code of Criminal Procedure by Budhi Singh S/o Prem Singh is liable to be accepted as mentioned in the memorandum of grounds of petition? Point No. 2 Final Order: Findings upon Point No. 1 with reasons: 9. 8. Following points arise for determination in this bail application:- Point No. 1 Whether petition filed under Section 482 Code of Criminal Procedure by Budhi Singh S/o Prem Singh is liable to be accepted as mentioned in the memorandum of grounds of petition? Point No. 2 Final Order: Findings upon Point No. 1 with reasons: 9. AW-1 Meena Devi has stated that she was married with Budhi Singh on 3.3.1999 according to Hindu rites and customs. She has stated that on 23.10.2000 minor co-petitioner No. 2 namely Neelam Kumari was born. She has stated that Budhi Singh and his family members demanded dowry and harassed her. She has stated that she filed criminal case under Section 498-A. She has stated that after filing of criminal case under Section 498-A Budhi Singh filed divorce petition against her and alleged that Neelam Kumari minor is not his daughter. She has stated that divorce petition filed by Budhi Singh was dismissed. She has stated that Budhi Singh has solemnized second marriage remarried with one Smt. Radha Devi and one daughter has been born from subsequent marriage. She has further stated that Budhi Singh has given her dilapidated room at the distance of half k.m. and facilities of latrine, bathroom and light are not available. She has further stated that Budhi Singh has served in the Army. She has further stated that Budhi Singh has received an amount to the tune of Rs. 20,00,000/- (Twenty lacs) when he retired from Army service and she has further stated that Budhi Singh is earning ten to fifteen thousand per month in addition to pension. She has further stated that she and her minor daughter have no source of income and cannot maintain themselves. She has stated that maintenance allowance to the tune of Rs. 5000/- (Five thousand) per month to each petitioners be granted. She has denied the suggestion that she did not serve Budhi Singh at any point of time. She has denied suggestion that she is working in NAREGA scheme in village. She has denied suggestion that Budhi Singh is getting Rs. 7225/- (Seven thousand two hundred and twenty five) as pension. She has denied suggestion that Budhi Singh is not performing any additional work. She has denied suggestion that she is performing work of stitching. 10. AW-2 Gauri Prasad has stated that Meena Devi is his daughter and Budhi Singh is his son-in-law. 7225/- (Seven thousand two hundred and twenty five) as pension. She has denied suggestion that Budhi Singh is not performing any additional work. She has denied suggestion that she is performing work of stitching. 10. AW-2 Gauri Prasad has stated that Meena Devi is his daughter and Budhi Singh is his son-in-law. He has stated that Neelam Kumari co-petitioner No. 2 is their daughter. He has stated that Budhi Singh used to beat Meena Devi in her matrimonial house. He has stated that Meena Devi has no source of income to maintain herself and her minor daughter. He has stated that Budhi Singh has retired from army and also performing additional work. He has stated that Neelam Kumari is studying in private school. He has denied suggestion that Budhi Singh is getting pension to the tune of Rs. 7200/- (Seven thousand and two hundred) per month. He has admitted that father and mother of Budhi Singh are residing along with Budhi Singh. 11. RW-1 Budhi Singh has stated that Meena Devi is his wife and Neelam Kumari is his daughter. He has stated that he retired in the month of October 2012. He has stated that age of his mother and father are 60 & 62 years and they remain sick and they are dependent upon him. He has stated that his father is patient of cancer and he is treating his father at place Chandigarh and Delhi. He has stated that he is getting pension to the tune of Rs. 7225/- (Seven thousand two hundred and twenty five) and tendered into evidence document Ext. RW-1/A. He has stated that he has been acquitted in criminal case filed against him under Section 498-A Code of Criminal Procedure. He has stated that his age is 36 years and he has obtained premature retirement. He has stated that he has served in army for 15 years. He has denied suggestion that he is getting pension to the tune of Rs. 10,000/- (Ten thousand). He has admitted that minor Neelam Kumari is student of 9th Class. He has stated that he is not ready to keep Meena Devi and Neelam Kumari along with him. He has denied suggestion that his father and mother are not in ailing condition. 12. 10,000/- (Ten thousand). He has admitted that minor Neelam Kumari is student of 9th Class. He has stated that he is not ready to keep Meena Devi and Neelam Kumari along with him. He has denied suggestion that his father and mother are not in ailing condition. 12. Submission of learned Advocate appearing on behalf of petitioner Budhi Singh that petitioner is a retired person and getting pension to the tune of Rs. 7225/- (Seven thousand two hundred and twenty five) per month and has to maintain his old parents and is not able to pay maintenance allowance to the tune of Rs. 4000/- (Four thousand) per month to Meena Devi wife and minor daughter Neelam Kumari and on this ground petition filed under Section 482 Code of Criminal Procedure be allowed is rejected being devoid of merit for the reasons hereinafter mentioned. It is well settled law that while fixing quantum of maintenance apart from income of husband his capacity to earn and potentialability for earning are also to be given due weightage. In the present case Budhi Singh has himself admitted that he is getting pension to the tune of Rs. 7225/- ((Seven thousand two hundred and twenty five)) per month. The age of Budhi Singh as of today is 36 years and he has potentialability of earning. It is held that maintenance allowance to the tune of Rs. 1500/- (One thousand and five hundred) to petitioner No. 1 and Rs. 2500/- (Two thousand and five hundred) to minor daughter Neelam Kumari who is student of 9th Class granted by learned Sessions Judge is not excessive in nature. 13. Submission of learned Advocate appearing on behalf of petitioner Budhi Singh that it is not proved on record that petitioner has received Rs. 20,00,000/- (Twenty lacs) as retiral benefits and that it is not proved on record that Budhi Singh has solemnized second marriage with Radha Devi and on this ground petition filed under Section 482 Code of Criminal Procedure be allowed is rejected being devoid of merit for the reasons hereinafter mentioned. Court has carefully perused the testimony of Budhi Singh when he appeared in witness box. Budhi Singh has stated in positive manner that he would not keep Meena Devi and minor Neelam Kumari in his matrimonial house. Court has carefully perused the testimony of Budhi Singh when he appeared in witness box. Budhi Singh has stated in positive manner that he would not keep Meena Devi and minor Neelam Kumari in his matrimonial house. In view of the fact that Budhi Singh has stated in a positive manner in his testimony that he would not keep Meena Devi wife and Neelam Kumari minor daughter in his matrimonial house it is held that learned Sessions Judge has rightly enhanced maintenance allowance in favour of Meena wife Devi and Neelam Kumari minor daughter of petitioner. 14. Submission of learned Advocate appearing on behalf of the petitioner that father of petitioner is patient of cancer and on this ground maintenance allowance granted by learned Sessions Judge be reduced is also rejected being devoid of merit for the reasons hereinafter mentioned. It is held that petitioner Budhi Singh is under legal obligation to maintain his legally wedded wife Meena Devi and also to maintain his minor daughter Neelam Kumari. It is proved on record that Neelam Kumari is student of 9th Class. It is held that object of Section 125 Code of Criminal Procedure is social justice to prevent vagrancy and destitution of women. It provides speedy remedy to deserted woman and minor children. Dwarika Prasad Satpathy vs. Bidyut Prava Dixit & Another, AIR 1999 SC 3348 . Meena Devi has specifically stated that Budhi Singh is residing with another woman namely Radha Devi daughter of Jageshwar resident of Nahlog P.O. Baryara Sub Tehsil Kotli District Mandi H.P. Budhi Singh did not adduce any positive rebuttal evidence in order to prove that Budhi Singh is not residing with Radha Devi. Budhi Singh did not examine Radha Devi in rebuttal. Fact that husband is living with another woman would entitle the wife to live separately and would amount to neglect and refusal to maintain. Rajathi vs. C. Ganesan, AIR 1999 SC 2374 . There is huge hike in price index of necessary articles as of today. 15. In view of fact that Budhi Singh has refused to keep Meena Devi wife and minor daughter Neelam Kumari student of IX Class in his matrimonial house and in view of fact that Budhi Singh is able bodied person age thirty six years and in view of fact that Budhi Singh is drawing pension of Rs. 15. In view of fact that Budhi Singh has refused to keep Meena Devi wife and minor daughter Neelam Kumari student of IX Class in his matrimonial house and in view of fact that Budhi Singh is able bodied person age thirty six years and in view of fact that Budhi Singh is drawing pension of Rs. 7225/- (Seven thousand two hundred twenty five) it is held that maintenance allowance granted by learned Sessions Judge is not excessive in nature. Point No. 1 is answered in negative. Point No. 2 Final Order: 16. In view of findings upon point No. 1 petition filed by Budhi Singh under Section 482 Code of Criminal Procedure is dismissed. Parties are left to bear their own costs. File of learned trial Court and learned Sessions Judge Mandi along with certified copy of order be sent back forthwith. Cr. MMO No. 280 of 2015 is disposed of. All pending applications if any also disposed of.