Balwant Ram vs Bimla Devi

M.M. Punchhi, J.—These are two revision petitions, one preferred by the wife (Criminal Revision No. 701 of 1984) and the other by the husband (Criminal Revision No. 756 of 1985) against the order of the Judicial Magistrate 1st Class, Amloh, dated January 24, 1984, whereby the wife was granted maintenance allowance at the rate of Rs. 100/ per mensem effective from January 6, 1981, the date of the application. The husband claims reduction thereof and the wife enhancement.

Learned counsel for the parties are agreed that no reconciliation is possible in view of the litigious course adopted by the parties. Learned counsel are also agreed that this conduct goes to reflect the refusal or neglect of the husband in maintaining the wife. The only most point is what should be the rate of maintenance.

The parties have litigated in a matrimonial cause before this Court in FAO No. 197M of 1980 and during the pendency thereof, the wife was granted Rs. 100/ per mensem as maintenance pendente lite. It stands conceded that at that rate maintenance stood paid to her up till July 20, 1982. Whereas the learned counsel for the husband says that the rate of maintenance at Rs. 100/ per mensem can be kept continued, learned counsel for the wife stresses for an increase in view of the price rise occurring in the last three to four years. In my view, learned counsel for the wife is right in seeking some alteration. Keeping that in regard, I increase the maintenance allowance to Rs. 135/ per mensem payable not from January 6, 1981 but from July 20, 1982 onwards. The order of the learned Magistrate is modified to the said extent.

Resultantly, the revision petition of the wife is partially allowed and that of the husband dismissed.