Jai Veer vs Smt. Babita

R.K. Singh, J.—Heard Sri K.K. Shangloo, learned Counsel for the revisionist who prays for modification in the impugned order to the extent that the maintenance allowance should be allowed from the date of order and not from the date of application.

While hearing Mr. Shangloo, he fairly concedes that up till now he has not paid even the maintenance for any month which discloses the ill-intention of the revisionist. He should have paid the current maintenance from the date of impugned order which was passed on 3rd February, 1998. By filing the revision petition, though there was no stay against the impugned order, the revisionist refused to pay maintenance to the wife even after the impugned order dated 3rd February, 1998.

After perusing the reason given by the learned Family Judge, Meerut in Case No. 247 of 1996 this Court is satisfied with the reason given by the learned Family Judge, Meerut. The amount of the maintenance is rather on the lower side because the income of the revisionist has been determined as Rs. 3,000 per month. There is a scope of enhanced maintenance but this Court does not think it proper at this stage without any proper application to order for enhancement of the maintenance allowance.

By the series of decisions of the Hon''ble Supreme Court as well as this Court, the deserted wife is entitled to maintenance from the date of application. The impugned order for payment of maintenance allowance from the date of application is legal and proper. The revision does not disclose merit. The same is dismissed. The husband-revisionist is ordered to pay arrears of maintenance allowance of three years, i.e., from the date of maintenance application in three each equal instalments and the interval of three months each as he will pay the current maintenance allowance through cash payment in the Court of Family Judge, Meerut, who will send notice to the wife, opposite party, to receive the same in the presence of the learned Family Court and certify the same in order sheet of the miscellaneous record.

The office will inform the learned Family Judge, Meerut, within a week positively for enforcement of the impugned order.