MADAN MOHAN UPRETI Vs. KHASHTI DEVI

JUDGEMENT

(1.) Heard learned counsel for the revisionist. List has been revised yet learned counsel for the opposite Party is not present in Court.

(2.) The main contention of the learned counsel for the revisionist is that the circumstances have changed. In so far as it relates to the wife. According to him she is now earning a sum of Rs. 725.00 per month as salary from Kasturba Mahila Uththaan Mandal, Kumaun, Kausani, district Almorah. This is a total change in the status of the wife who had been allowed maintenance by the Judicial Magistrate at the rate of Rs. 250.00 per month on the ground that she is unable to maintain herself. It was increased to a sum of Rs. 400.00 per month by the revisional Court on her revision.

(3.) In Sec. 125 Cr.P.C. it is very clearly indicated that any person i.e. wife, children or parents are entitled to maintenance allowance if any one of them is neglected or refused to be maintained if they are unable to maintain themselves. According to Sub Clause (a) of Sub Sec. (1) of Sec. 125 Cr. P.C. a wife who is unable to maintain herself is entitled to get maintenance.