PREMLATA SAHAI Vs. RAM NIRANJAN SAHAI

JUDGEMENT

(1.) Special leave granted. Heard both the sides.

(2.) The High court should have shown better awareness of the plight of women and should not have interfered with an order of maintenance passed in favour of the wife by the trial court in exercise of its revisional jurisdiction. There was no warrant for reducing the amount of maintenance awarded by the trial court from Rs. 400. 00 per month to Rs. 350. 00 per month. So also, the High court should not have modified the order of the trial court by directing that maintenance should be paid from the date of the order of the trial court (10/05/1983 instead of the date of application (7/09/1979. We accordingly allow this appeal, set aside the order of the High court and restore the order passed by the trial court directing payment of monthly allowance at Rs. 400. 00 per month from the date of application viz. 7/09/1979. Payment of arrears shall be made latest by 31/03/1989, failure to do so will amount to contempt of this court. There will be no order as to costs.