LAWS(ALL)-1997-11-48

RAM SHANKER Vs. RAJ KUMARI ALIAS MUNNI

Decided On November 17, 1997
RAM SHANKER Appellant
V/S
RAJ KUMARI ALIAS MUNNI Respondents

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri K. Ajit, learned Counsel for the petitioner and learned A. G. A.

(2.) BY the present writ petition the pe titioner challenges the judgment and order dated 21st September, 1994 passed by the 1st Addl. Munsif Magistrate, Mainpuri in Criminal Proceedings under Section 125, Cr. P. C. granting maitnenance allowance at the rate of Rs. 300/- per month to the wife Smt. Raj Kumari alias Munni from the date of application and judgment and or der dated 28-6-97 passed by the Vth Addl. Sessions Judge, Mainpuri, whereby the revisional court dismissed criminal revision No. 268 of 1994.

(3.) AS regards the question of neglect, the trial Court has observed in its judg ment that the petition was filed on 16-4-91 and the written statement was filed on 10-5-91. The case remained pending for about three years and both husband and wife were living separately but the husband did not pay any maintenance allowance to the wife. Although the trial Court did not give any specific finding that there was neglect on the part of the husband, but, these ob servations clearly indicate that the wife was neglected and the husband having sufficient means had neglected the wife. The courts below have given a finding that the income of the husband was around Rs. 750/- per month and he could easily pay Rs. 300/- per month to the wife. Consider ing the fact of price rise and increase in wages of the labourers, the amount of Rs. 300/- per month cannot be said to be ex cessive. The courts below have also taken into consideration that the husband him self claimed that he had given presents of Rs. 25000/- to 30000/- in the shape of jewellery to the wife at the time of mar riage and this also indicates about his status and means to maintain the wife. There does not appear to be error or ille gality in the findings.