SUNITA BHUTANI Vs. SAT PAL

JUDGEMENT

(1.) By this petition Smt. Sunita Bhutani has challenged the legality and correctness of the order passed on 5th May, 1984, by an Additional Sessions Judge, Delhi, whereby the monthly maintenance of Rs. 300.00 awarded to her from the date of the application, i.e , 29th January, 1982, was modified to the following extent. The amount of maintenance was reduced to Rs. 250.00 per month and it was directed that it be paid from the date of the order of the Magistrate, I.e., 6th January, 1984, and not from the date of the application.

(2.) The learned Additional Sessions Judge has upheld the conclusion of the learned Magistrate who decided the petition under section 125 of the Code of Criminal Procedure. He affirmed the finding that the petitioner-wife had been thrown out of her matrimonial house and that there was a definite threat to her. The further finding that it was on account of the unruly behavaiour of the husband-respondent herein, that the petitioner was forced to leave the house of her in laws, was also affirmed. The concurrent finding of the two courts below is that the petitioner is entitled to be maintained by her husband.

(3.) The learned Additional Sessions Judge, however, reduced the maintenance from Rs. 300.00 to Rs. 250.00 per month as it had been proved that the husband's carry-home salary was noly Rs. 628.00 per month after due deductions. In my view, the reason for reducing the quantum of maintenance is valid and cannot be assailed.