Rattan Singh vs Sharda

J.B. Garg, J.—Sharda was married to Rattan Singh at Jind on 12-5-86. Rattan Singh the husband is a teacher in Government Secondary School Village Paniwala Mota, District Sirsa. The wife moved an application u/s 125 of the Code of Criminal Procedure and the Chief Judicial Magistrate, Jind has fixed the interim maintenance at the rate of Rs. 500/-per mensem on 17-12-1990 and aggrieved against it the present revision has been preferred.

The learned Counsel for Rattan Singh the husband has argued that the impugned order pertains to only interim maintenance. The Court has yet to ascertain as to what are the total means of the husband and whether the wife is at all entitled maintenance under the aforesaid provision. The plea whether the wife has been employed temporarily as a Clerk and if so for what period is also to be ascertained by the trial Court. It is alleged that the husband is getting a salary of Rs. 2500/- per mensem but this amount has not been admitted as such. It is a case where the husband is maintaining an infant daughter born out of this wedlock as well. In the circumstances of the case, the interim maintenance fixed at a rate of Rs. 500/-per mensem is reduced to a sum of Rs. 400/-per mensem and with this modification the revision stands disposed of.