Gurcharan Singh vs Hardev Kaur

B.S. Nehra, J.—This is dispute between Hardev Kaur and her husband Gurcharan Singh alias Gurcharan Daas. On 1-3-1982, Hardev Kaur was allowed maintenance by the concerned Court at the rate of Rs. 140/- per month, when her husband Gurcharan Singh was getting Rs. 675/-per month by way of salary in his capacity as a Clerk in a Government School. The amount of maintenance was subsequently increased by the trial Court to Rs. 250/- per month on an application made by her under Station 127 of the Code of Criminal Procedure. A revision was preferred by her against the order of the learned Judicial Magistrate lit Class for enhancing the amount of maintenance to Rs. 700/- per month on the ground that the fame is inadequate having regard to the fact that Gurcharan Singh has started receiving salary at a much high rate, viz, more than Rs. 2.000/- per month. The learned Additional Sessions Judge, Sangrur, Shri J.K. Goel. thereupon enhanced the amount of maintenance to Rs. 350/- in favour of Hardev Kaur.

Her husband Gurcharan Singh alias Gurcharan Dass has filed this Criminal Revision against the order dated 20-4-1990 of Shri J.K. Goel, Additional Sessions Judge, Sangrur, enhancing the amount of maintenance to Rs. 350/- per month.

On the other hand, Hardev Kaur, being aggrieved about the inadequacy of the amount of maintenance fixed by the learned Additional Sessions Judge has preferred Criminal Misc. No. 10289-M of 1990 for enhancing the amount of maintenance. These two petitions-Criminal Revision No. 536 of 1990 and Criminal Misc. No. 10289-M of 1990, being directed against a common judgment of the learned Additional. Sessions Judge are being disposed of by a common order.

When Gurcharan Singh, husband or Gurdev Kaur was getting just about Rs. 675/- per month by way of salary, the had been allowed a maintenance amounting to a little less than l/4th of his salary. His teamed counsel did not dispute that be ii now getting a salary of more than Rs. 2.000/- per month. That being go, the amount of maintenance fixed at the rate of Rs. 350/- by the learned Additional Sessions Judge is considerably less than the l/4th of the salary being drawn by Gurcharan Singh, petitioner in this case. There cannot be any dispute that coil of living hag increased considerably over the past few years and it would be impossible for Hardev Kaur to survive with a meagre sum of Rs. 350/- per month by way of maintenance. Viewed in this perspective, the amount of maintenance, viz., Rs. 350/- fixed by the Additional Sessions Judge ii clearly inadequate. Keeping all aspects in view, it is considered reasonable that the amount of maintenance payable to Hardev Kaur should not be less than Rs. 500/- per month and if is ordered accordingly.

5 For the reasons recorded above. Criminal Revision No. 536 of ''990 preferred by Gurcharan Singh alias Gurcharan Dass is dismissed being without any merit while Criminal Misc. No. 10289-M of 1990 preferred by Hardev Kaur is allowed and the amount of maintenance fixed by the learned Additional Sessions Judge as payable to her ii increased from Rs. 350/- per month to Rs. 500/- (five hundred) per month, with effect from today.