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