Suresh Ram Goswami vs Suremana Devi and Another

Leave granted.

This appeal is directed against the judgment and order dated 27th September, 2011, passed by the Allahabad High Court in Criminal Revision No. 794 of 2007, on the application filed on behalf of the Respondent-wife, u/s 127 Code of Criminal Procedure., for enhancement of the maintenance allowance which had been granted at the rate of Rs. 325/- per month by order dated 22nd February, 2007. It appears that the initial maintenance fixed at Rs. 325/- per month was subsequently increased to Rs. 600/- per month in the year 2007, and, thereafter, to Rs. 3,000/- per month by the impugned order.

The facts of this case are a little uncommon in that the Petitioner had obtained an ex-parte decree for divorce and had, thereafter, married a second time and has three children from the second marriage, of whom two are daughters of marriageable age and one is a minor son. At the same time from his first wife, the Petitioner has a son, who is engaged in Deed Writing and is self-employed.

Considering the fact that, whatever may be the circumstances in which the second marriage had taken place, the Appellant also has a responsibility for maintaining the second wife, as well as the children born from the said union. Accordingly, since the Appellant has retired from service and is drawing a consolidated pension of Rs. 11,000/- per month, we deem it fit to reduce the amount of maintenance as fixed by the impugned judgment, from Rs. 3,000/- per month to Rs. 1,500/- per month.

The appeal is, therefore, allowed to the aforesaid extent.

We may also observe that since the son of the first wife is earning, he too has a duty to maintain his mother.