HIGH COURT OF CHHATTISGARHI BILASPUR Criminal Misc. Petition No.119 of 2006 Smt. Shiv Kumari Dubey, W/o\ Bhuneshwar Nath Dubey, aged 45 years, Caste Bramin, R/o’ Navapara, Fundur Dihari, P.S. & Tahsil Ambikapur, Distt. Sarguja (C.G.) Versus Bhuneshwar Nath Dubey, S/o Late Ram Das Dubey, aged about 52 years, Caste‘ Bramin, R/o Navapara, Fundur Dihari, PS & Tahsil Ambikapur, Dlstt SarguJa (C G ) {Petition under Section 482 of the Code of Crlmlna| Procedure 1973} Present Mr. A.N. Pandey, counsel for the petitioner. MnRahul Mishra, counsel for the respondent. 't PETITIO’NER/: (Applicant) RESPONDENT/: (Non-applicant) Single Bench: Hon’ble Mr. T.P. Sharma. J ORAL ORDER (3-8-2009). . This- petition under Section 482 of the Cr.P.C. is'directed against the order dated 1-7—2006 passed by the 3rd Additional Sessions Judge, Ambikapur in Criminal Revision No.119/2005 affirming the order dated 21-4—2005 passed by the Judicial Magistrate First Class, Ambikapur in Misc. Criminal Case No.44/2003, whereby maintenance of Rs.2,000/— per month has been awarded to the petitioner. .2. Order is challenged on the ground that the Courts below have committed error by granting very less maintenance to the petitioner. . I have heard learned counsel for the parties, perused the order impugned and record of the Courts below. .V Learned counsel for the petitioner submits that maintenance of Rs.2 000/- awarded to the petitioner is inadequate and the Court below has not conSIdered the income of Rs 16 000/— per month of the respondent and thereby committed Illegality . On the other hand, learned counsel for the respondent opposed the petition and submitted that the Court below has rightly awarded maintenance of Rs.2,000/- per month to the petitioner. In case of maintenance under Section 125 of the Cr.P.C. the Court is required to see the requirement of the petitioner and not the income of the respondent. . Record of the Courts below and order impugned reveal that after appreciating the requirement of the petitioner, the Court below has granted maintenance to save her from destitution and to avoid vagrancy. The amount of maintenance granted to the petitioner is dequate. The petitioner may avail remedy before the civil forum. I do not find any scope of interference under Section 482 of the r.P.C. The petition is, therefore, liable to be dismissed and it is ereby dismissed. Sd/- T.P. SHARMA .Juiirgg bi v w r x ,/ a C h