KHWAJA ALI Vs. FATMABI

JUDGEMENT

(1.) The short question which arises in this revision is whether the applicant -husband is in a position to pay maintenance allowance at the rate of Rs. 250 per month. Both the Courts below found that the maintenance amount of Rs. 250 per month was legal and proper. The claim of the non -applicant No. 1 wife for higher amount was negatived.

(2.) IT was urged on behalf of the applicant -husband that his income is by way of salary and he gets Rs. 1,000 per month after all the deductions out of which he has to maintain his second wife and mother besides himself. He has nominated the non -applicant No. 1 along with his second wife to receive share in General Provident Fund, Gratuity, Insurance etc. Therefore, considering these facilities, the award of maintenance at the rate of Rs. 250 per month was very high. The submissions canvassed have to be discarded since the quantum fixed for payment of maintenance by the Courts below appears to be just and adequate to meet the daily requirement of the non -applicant wife according to their standard of living. Merely because the applicant -husband has nominated the non -applicant No. 1 as one of the sharers in the General Provident Fund, Gratuity, Insurance etc, no reduction in the quantum of maintenance could be effected. As a matter of fact, the Courts below have refused to enhance maintenance over and above Rs. 250 considering all the aforesaid factors. Really speaking, no immediate benefit accrues by such nomination and it may be that such nomination may ultimately become meaningless in case the applicant -husband survives longer in which case, he himself will receive the amounts when each one of them become due. In these circumstances, the order impugned has to be maintained in order to secure ends of justice.

(3.) TO conclude, the application is devoid of any substance and is hereby dismissed. No orders as to costs. Application dismissed.