Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1562 OF 2009
[ARISING OUT OF S.L.P. (CRL.) NO. 3487 OF 2006]
PRAMOD KABLE ..... APPELLANT
VERSUS
SARITA AND OTHERS ..... RESPONDENTS
O R D E R
Leave granted.
We have heard the learned counsel for the parties.
It is conceded at Bar that the respondents are being paid
Rs. 900/- per month as a consequence of the order of the
Matrimonial Court. A sum of Rs. 1500/- per month has also
been awarded by way of maintenance and a further sum of Rs.
1000/- each to respondent Nos. 2 and 3 by the learned
Magistrate, First Class, Akola and affirmed by the High
Court in proceedings under Section 125 of the Code of
Criminal Procedure, which would amount to Rs. 2,400/- to be
paid to the respondents by way of maintenance. This was
over and above Rs. 900/- that the appellant herein was
already directed to pay in the collateral proceedings for
divorce.
We have also gone through the grounds of revision
filed by the appellant herein before the Judicial
Magistrate, First Class, Akola, in which he stated that he
was receiving Rs. 2,600/- per month after standard
deductions. This figure has not been challenged by the
wife.
In this view of the matter, we are of the opinion
that the award of Rs. 2,400/- out of Rs. 2,600/- is rather
excessive. We, accordingly, direct that the respondents
will get a total of Rs. 1,500/- as maintenance i.e. in
addition to Rs. 900/- as per the order of the Matrimonial
Court, a further sum of Rs. 200/- per month per person be
paid as maintenance under the present proceedings.
The appeal is allowed to the above extent.
..................J
[HARJIT SINGH BEDI]
..................J
[DR. B.S. CHAUHAN]
NEW DELHI
AUGUST 17, 2009