GAYATRI DEVI Vs. SHIV KUMAR

JUDGEMENT

(1.) Heard both the parties on the point of amount of the maintenance. The total income of the respondent, Mr. Shiv Kumar is Rs.14,258.00 and the total income of the petitioner, Ms. Gayatri Devi, is Rs.7,539/- as per the salary certificate relating to February, 1999 and December, 2001 which is on record. There is an unmarried sister of the husband who is dependent on the appellant.

(2.) It is also not in dispute that the appellant has refused to live with the respondent and even did not file any application for claiming that the defendant should be restrained from marrying. In the meanwhile, the respondent/husband has again married and there is one son with the (second) wife.

(3.) In the aforementioned circumstances, if the entire income is to spent prudently in larger interest of each of the family members, it has to be considered in units according to comparative needs of each of them. Daughter of the appellant with the first wife is 13 years and the son is 14 years. The son from the second wife is 1/2 years. In case one takes one unit for sister, one unit for the husband, one unit for the appellant and two children through first wife, one unit for the lady who had married subsequently and half unit for the child through the second wife, then it comes to 6-1/2 units. Since daughter from the first wife is 13 years of age, the father is supposed to make some savings for the marriage of the daughter and half unit should be meant for the family savings for this specific purpose. Thus, income could spread over seven. units. It is stated that the husband has got a provisional insurance policy of Rs.1,00,000.00. A photocopy of the same is being filed by the learned Counsel for the respondent and it is sought to be finalised.