Jagdish Kumar vs Mohini Kumar
1991 Latest Caselaw 105 Del

JUDGMENT

P.N. Nag, J.

1. Both the civil revision petitions are being disposed of by this common order as they arise out of a common judgment dated 30-7-1988 whereby the trial court has assessed the income of the petitioner-husband from all sources at Rs. 3,556/- and that of respondent-wife at Rs. 615/-. However, keeping these circumstances in view and also the fact that the expenses of education of the son were being borne by the respondent-wife, he has awarded the maintenance to the respondent-wife at Rs. 300/- p.m.

2. I have heard counsel for both the parties at length. It appears that the son has got employment somewhere and is no longer dependent upon his mother, i.e., respondent-wife. Be that as it may, the grant of maintenance to the respondent-wife of Rs. 300/- p.m. in spite of this is too meagre and apparently with this amount she cannot afford to maintain herself. She is admittedly living with her parents and kept her flat vacant at Bombay as she might have to shift to that place in case of emergency. There is no income to her from that flat.

3. Having regard to the income of the petitioner-husband and of the respondent-wife, as found by the learned trial court, in my opinion, it would be equitable just and reasonable to enhance the rate of maintenance from Rs. 300/- p.m. to Rs. 600/- p.m. This enhanced rate of maintenance shall be payable from today.

4. Counsel for the respondent-wife alleges that the respondent-wife has not been paid maintenance at the rate of Rs. 300/- p.m. as ordered by the learned Additional District Judge and also by Mahinder Narain, J. on 6th July, 1990 in Civil Misc. Petition No. 1703/90 filed in Civil Revision 445 of 1988. Since I am disposing of both the revision petitions, the question of non-payment of the maintenance to the respondent-wife, as alleged, is left to be decided by the trial court on facts, where both the parties can make submissions in respect of their respective contentions.

5. The revision petitions are disposed of in the above terms and the grant of maintenance by the learned Additional District Judge is enhanced from Rs. 300/- p.m. to Rs. 600/- p.m. from today. No costs.

6. If will be appreciated if the hearing of the divorce proceedings are expedited.