Gurmukh Singh vs Kamla

S.S. Sodhi, J.—The only matter that arises for consideration here is with regard to the quantum of maintenance payable by the husband to the wife and son. The court below had fixed this figure at Rs. 350/- keeping in view the land holding of the Petitioner/husband Evidence shows that the Petitioner and his brother jointly own about 8/10 acres of land and besides that they live in a joint family with their father, who owns about 17/18 acres of land. The father also has a tractor which is used in cultivations of all the land. In these circumstance, fixing of Rs. 350/- per month, as maintenance, for the wife and minor son, can by no means be considered to be excessive. This amount is accordingly hereby upheld and affirmed.

The other question raised was with regard to the date from which maintenance awarded was payable. The husband has been fastened with this liability from the date of the application. The application in this case, was filed as far back as 1980. Counsel for the parties inform that the arrears of maintenance at the rate of Rs. 350/-per month, upto the date of the passing of the maintenance order by the Additional Sessions Judge work out to over Rs. 25,000/-. It is stated that the husband already paid over Rs. 12,000/- towards arrears of maintenance. Counsel for the husband pointed to his inability and hardship in paying the balance of the arrear.

Considering the circumstances, in which the husband is placed, it would not appear to be altogether reasonable to expect him to find the necessary funds to pay in lump sum, the balance of the arrears of maintenance awarded.

Taking an overall view therefore of the situation of the parties, it is directed that the no further amount be paid to the wife towards arrears of maintenance. The wife shall, however, be entitled to maintenance at the rate of Rs. 350/- per month from the date of the order of the trial magistrate.

This petition is disposed of accordingly.