Padam Singh vs Smt. Kamla Devi

Prafulla C. Pant, J.—Heard.

This revision is directed against the order dated 30.09.2010, passed by Judge, Family Court, Nainital, in Criminal Miscellaneous Application No. 123 of 2009, whereby said court has enhanced the maintenance payable by the revisionist to his wife Smt. Kamla Devi (Respondent) from Rs. 750/- per month to Rs. 1,200/- per month.

Brief facts of the case are that Padam Singh (revisionist ) got married to Kamla Devi ( Respondent) in the year 1984. Two children were born out of the wed-lock. Now both of them (children) are major. Respondent Smt. Kamla Devi (wife of the revisionist) filed an application u/s 125 Code of Criminal Procedure, in the year 2003,which was registered as criminal miscellaneous case No. 163 of 2003. The trial court after hearing the parties, decided said case vide order dated 04.09.2004, and directed revisionist Padam Singh to pay maintenance at the rate of Rs. 750/- per month to his wife. In the year 2009, the wife moved an application u/s 127 Code of Criminal Procedure, for enhancement of the amount of maintenance. Learned Judge, Family Court, Nainital, after recording evidence, and hearing parties directed the revisionist (husband) to pay maintenance at the rate of Rs. 1,200/- per month (instead of Rs. 750/- per month). Hence this revision.

The Respondent Kamla Devi even after being served personally has not turned up to contest this revision. However, this Court has to examine the legality of the order irrespective of the fact that the Respondent is not contesting the revision.

Shri D.S. Mehta, learned Counsel for the revisionist submitted that revisionist is a poor labour, and his earning is Rs. 2,000/- per month. It is contended that the revisionist is unable to pay maintenance at the rate of Rs. 1,200/- per month to his wife. The trial court has assessed the income of the revisionist at the rate of Rs. 80/- per day as wages which he earns as a labourer.

Assuming that revisionist earns Rs. 80/- per day, and further assuming that on every day he gets employment still the monthly income of the husband cannot be said to be more than Rs. 2,400/- per month. In the above circumstances, considering the economic status of the parties, ends of justice would have met if the amount of Rs. 750/- per month is enhanced to Rs. 1,000/- per month.

Therefore, having considered submissions of learned Counsel for the revisionist, and after going through the papers on record, this revision is disposed of with the modification in the impugned order that the maintenance amount of Rs. 750/- per month payable by the revisionist to his wife Kamla Devi shall stand enhanced to Rs. 1,000/- per month in terms of impugned order dated 30.09.2010. With this modification in the impugned order, the revision stands disposed of. (Miscellaneous Application No. 1078 of 2011, also stands disposed of).