High CourtsSingle Bench(1989) 08 RAJ CK 0006

Ramesh Chander Data vs Meera

Rajasthan High Court · Decided on 24 August 1989

HON’BLE JUDGES
N.C. Sharma, J
RESULT
Allowed
CASE NUMBER
Civil Revision Petition No. 292 of 1989

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Judgment

3 paragraphs · 171 words

N.C. Sharma, J.—I have gone through the impugned order of the learned District Judge, Alwar. He has committed grave procedural error in the exercise of his jurisdiction inasmuch as despite having said that it was difficult with certainty to state as to what was income of the petitioner, yet he made the petitioner liable to pay maintenance @ Rs. 150 per month to the non-petitioner.

2.

Before awarding maintenance to the non-petitioner, it was necessary for the District Judge first to find out as to how much was the income of the petitioner and then only he could determine any amount permissible by law as maintenance and as payable by him to the non-petitioner.

3.

I allow this revision petition, set aside the Judgment of the district Judge, Alwar dated March 4, 1989 and remand the matter to him to re-decide the question about paying capacity and income of the petitioner and then to determine the question regarding payment by him of any maintenance amount permissible by law to the non-petitioner.