LAWS(ALL)-1990-7-58

RAMA SINGH Vs. STATE OF U P

Decided On July 19, 1990
RAMA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. R. Bhargava, J. According to notice issued to opposite party No. 2 after hearing the parties Counsel this revision is being disposed off at admission stage.

(2.) O. P. No. 2 Sant Bahadur Singh has been a lecturer in a Degree College at Deoria. According to finding of Magistrate his monthly income is Rs. 2,500/ -. He has parents and a brother. His father has some agricultural land and being a retired employee he gets pension also. Giving all benefit to parents and appropriating Rs. 500/- p. m. for parents and holding that he has no legal responsibility to maintain his brother, Magistrate gfanted maintainance of Rs. 500/- p. m. to his wife under Section 125, C. P. C. In revision preferred by him Sessions Judge found that wife was earning some money by helping in some house. He concluded that wife could maintain herself with Rs. 200/- p. m. and reduced the maintainance of wife to Rs. 200/- p. m.

(3.) IN the result revision is allowed. Order of the Sessions Judge reducing the main tenance of wife to Rs. 200/- p. m. is set aside and order of the Magistrate granting maintenance of Rs. 500/- p. m. is restored.