CHANDER PARKASH Vs. PREM LATA

JUDGEMENT

(1.) Additional Session Judge has made a recommendation for quashing the order of the trial Magistrate granting maintenance allowance of Rs. 50.00 per month to the respondent-wife in the following circumstances

(2.) Chander Parkash, petitioner, married Prem Lata, respondent, in October 1956. They had two issues, Anil Kumar a son, and Sushma Rani a daughter. Sometime in 1965 the parties started living separately. The respondent alleged that she was deserted and maltreated and for that reason she could not live with the petitioner. On 25th February, 1969, the wife for herself and on behalf of the minor children claimed maintenance from the petitioner under Section 488 of the Code of Criminal Procedure.

(3.) The Magistrate found that the husband was getting Rs. 300.00 per month while the wife was getting Rs. 1,921.00 per month (wrongly stated as Rs. 212.00 per month in the order of reference) as pay. Both of them are employed as telephone operators. He granted maintenance of Rs. 25.00 each to the children and Rs. 50.00 per month to the wife.