Judgment:
S.S. Grewal, J.
1. The petitioner through her mother (natural guardian) filed application for grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').
2. It was pleaded that the petitioner is a minor daughter of Sital Singh respondent, and, she is residing with her mother. It was further pleaded that the respondent is employed as an Audit Inspector in the Punjab State Land Mortgage Bank, Sector 17, Chandigarh, and is getting a salary of Rs. 2000/- per month. He is also having landed property in his native village. The respondent intentionally neglected and refused to maintain the petitioner, who, is school-going, and, is studying in 8th Class in Government Model High School, Sector 22, Chandigarh. It was prayed that the petitioner be granted maintenance at the rate of Rs. 500/- pet month.
3. The respondent in the written statement admitted the factum of relationship with the petitioner and her mother. It was pleaded that the respondent is willing to keep and maintain the petitioner, but, she is living with her mother at her own will.
4. It was next pleaded on behalf of the respondent that he is getting a salary of Rs. 1513/- per month, whereas, the petitioner's mother, with whom she is presently living, is getting a salary of Rs. 2,000/- per month. Besides, be is to look after his old parents, and is also maintaining his son, who, is brother of the petitioner. It was prayed that the application for granting maintenance to the petitioner be dismissed.
5. The trial Court after recording evidence of the parties held that the respondent refused to keep and maintain the petitioner without any sufficient cause, and, awarded Rs. 100/- per month as maintenance as the mother of the petitioner was also earning hand, vide order dated 21st September, 1987. While, passing the said order, the Chief Judicial Magistrate, took into consideration that the respondent is incurring the expenditure, out of his salary of Rs. 1611/- per month (as per salary certificate), on his son, who, is College-going, and, the respondent has also to pay rental charges of the house in which he is residing, as well as, the fact that the mother of the petitioner, with whom she is residing of her own accord, is also an earning hand. The impugned order passed by the Chief Judicial Magistrate, Chandigarh, was upheld on revision by the Additional Sessions Judge, Chandigarh, vide order dated 4th January, 1989.
6. Aggrieved against the inadequacy of the quantum of maintenance awarded to the petitioner, she has filed the present petition under Section 482 of the Code.
7. Counsel for the parties were heard.
8. On behalf of the petitioner it was submitted that the quantum of maintenance awarded to the petitioner for getting her education in the school was too inadequate in these days of high prices. No doubt, while granting maintenance under Section 125 of the Code, bare maintenance has to be awarded. In the instant case both the Courts below have held that the respondent gets Rs. 1611/- per month as his salary. Mere fact that mother of the petitioner is also earning, is no ground to expect her to bear she entire burden of maintenance and education of the petitioner.
9. After taking all these facts into consideration, as well as, the feet that the respondent is also maintaining his son and spending money on his education, the quantum of maintenance awarded to the petitioner is enhanced from Rs. 100/- to Rs. 200/- per month from the date of this order. The quantum of maintenance upto the date of his order shall be the same as awarded by the Courts below.
10. This petition is partly allowed to the extent indicated above.