BILKIS Vs. VAHID SHARIF MANASIY AND ANOTHER

JUDGEMENT

(1.) The petitioner is the wife of opponent No. 1. She filed Criminal Misc. Application No. 24 of 1483 in the Court of the Judicial Magistrate, First Class, Sidhpur, for obtaining maintenance for herself and for her son Sajid from opponent No. 1 on the ground that opponent No. 1 has failed and neglected to maintain them. The learned Magistrate believed the evidence led on behalf of the petitioner wife and held that opponent No. 1 has failed and neglected to maintain the petitioner and their son Sajid. The learned Magistrate also held that monthly income of opponent No. 1 is about Rs. 1,083.00. Considering other liabilities of opponent No. 1 and the requirements of the petitioner and their son, the learned Magistrate thought it fit to award Rs. 200.00 per month to the wife and Rs. 100.00 per month to the son by way of maintenance. The petitioner wife has, therefore, filed this revision application for getting the maintenance amount enhanced to Rs. 500.00 per month.

(2.) It has come on record that opponent No. 1 has divorced the petitioner and married again. Thus he has to maintain his newly married wife and also one daughter. His monthly income is about Rs. 1,083.00 only. If under these circumstances, he is directed to pay Rs 200 per month more to the petitioner-wife as claimed by her in this revision application, then obviously, it will result into serious financial difficulties for the opponent No. 1, Considering the financial position of opponent No. 1, his other liabilities and the requirements of the petitioner and their son, I think ends of justice will be met if the petitioner is awarded Rs. 250.00 per month by way of maintenance for herself and their child.

(3.) In the result, this application is partly allowed. The order passed by the trial Court with respect to the maintenance amount payable to the petitioner is modified ; and opponent No. 1 is directed to pay to the petitioner Rs. 250.00 (Rupees two hundred fifty only) instead of Rs. 200.00 per month by way of maintenance with effect from 15-5-1984. Rule is made absolute to the aforesaid extent only with no order as to costs.