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Judgment
R.K. Singh, J.—Heard Mr. A.R.B. Khare, learned Counsel for the revisionist and Sri B.S. Kushwaha, learned Counsel for the opposite party.
For appreciating the matter, learned Counsel for the revisionist has been heard on the point of admission/final disposal of the revision petition.
In the application u/s 125, Code of Criminal Procedure for maintenance the Court below has allowed the maintenance at the rate of Rs. 350 per month on the ground of desertion of the wife, opposite party. The submission of the learned Counsel for the revisionist is that he became handicapped during Bhopal Gas tragedy, the wife O.P. wilfully deserted the revisionist. Therefore, she is not entitled to get any maintenance. Further his submission is that the interim order of this Court has been complied with and he has deposited Rs. 2,000 maintenance allowance. Therefore, he is entitled to extend the interim stay order dated 3.11.1992.
The impugned judgment and order passed by the learned Family Judge, Jhansi, dated 31.1.1992 has been carefully perused. At page 9 of the Family Court''s judgment while discussing the evidence of the revisionist Dhaniram Kushwaha, the Court has noted that the revisionist has made statement that he is an employee in Bhopal Railway Parcel Office and gets Rs. 834 per month as salary. Further his submission is that his wife, opposite party has got illicit relationship with Kishan Singh, a neighbour of the revisionist. The statement of the revisionist is that if the opposite party, wife maintain her good behaviour then he is ready to keep her with him.
The statement of the revisionist demolishes the entire argument of Mr. Khare. He took plea in this Court that due to physical handicap of the husband-revisionist the wife/opposite party has deserted the revisionist and she is not entitled to maintenance. On the other hand the stand of the revisionist on oath in his deposition as O.P.W. is that he still continues in service and gets Rs. 834 per month, he is ready to keep his wife subject to good character and behaviour of the wife opposite party.
On the perusal of the entire judgment of the learned Family Judge it shows that there is no satisfactory evidence to prove the allegation of adultery against the opposite party wife. Thus, the plea of the wilful desertion or adultery does not stand to the reason.
The maintenance allowed by the learned Family Judge is only Rs. 350 per month, which is at best one third of the total monthly salary received by the revisionist. Thus, the amount of maintenance is in no way excessive. On any count in the impugned order, there is no illegality or impropriety. The revision petition does not contain merit. The interim stay order was for limited period which has elapsed about five and half years ago. There is no merit for admission of the revision. Therefore, there is no question for extension of stay.
The revision petition is dismissed at the admission stage itself. The revisionist is directed to comply with the direction of the learned Family Judge. However there is no order for cost.
Let a copy of this order be handed over to Mr. Kushwaha on his application for communication to the opposite party wife.
The office is directed to send this order along with lower court record to learned Family Judge for information and necessary action. The arrears of maintenance will be paid within one year in three instalments.