Nirmal Kumar Jain vs Poonam Jain

V.K. Bali, J. (Oral)

Controversy involved in this revision is limited. Petitioner husband, against whom the impugned order asking him to pay permanent alimony to the tune of Rs. 1000/ per month has been passed through his counsel, states that during the pendency of the divorce petition instituted by the respondentwife, the concerned Court had passed an order asking the petitioner to pay maintenance pendente lite @ Rs. 1700/ per month. The wife successfully maintained an application for permanent alimony after termination of divorce proceedings and she has been granted such alimony to the tune of Rs. 1000/ per month. Petitioner is made to pay both these amounts which is not permissible. The other and last contention of the learned counsel is that out of an income of Rs. 3200/, the Court has allowed an amount of Rs. 1000/ per month to the wife alone as permanent alimony, leaving thus the husband to have Rs. 2200/ which, concededly, after deductions, will come to be Rs. 1600/ only. If, perhaps, an amount of Rs. 1000/ was allowed for upkeep of the respondent wife and child, there would have been no objection but inasmuch as only wife has been ordered to be paid the amount of Rs. 1000/, the child can claim maintenance separately.

Learned counsel for the respondent wife does not dispute that wife is entitled to an amount of Rs. 1700/ as maintenance pendentelite only upto the date when decree for divorce was passed whereafter she will be entitled to an amount of Rs. 1000/ per month. He, thus, states that it is at that rate and from the concerned dates that respondent will stake her claim. It may be clarified that decree for divorce was granted to the respondentwife on 7.10.1993 and, therefore, she shall get maintenance @ Rs. 1700/ per month only upto that date and it is from that date onwards that she will be entitled to permanent alimony @ Rs. 1000/ per month. Learned counsel for the respondent also states that the amount of Rs. 1000/ be considered for maintenance of both, wife and child. That settles the controversy between the parties.

In view of the contentions/statements of learned counsel for the parties, referred to above, it is ordered that petitioner shall pay to his divorced wife an amount of Rs. 1700/ per month upto 7.10.1993 and thereafter @ Rs. 1000/ per month which would include maintenance of the child as well. Let the entire arrears upto date be paid within two months. In fact, learned counsel for the petitioner undertakes on his behalf that the arrears shall be paid within the stipulated time.

A copy of this order be given dasti under the signatures of the Reader of this Court.