NARAYANI RATHORE Vs. RAMESH CHANDRA RATHORE

JUDGEMENT

(1.) THE trial Court by impugned judgment and decree dated 17.7.1997 ordered judicial separation under S. 10 of the Hindu Marriage Act ('Act' for short) and awarded Rs. 200/ - per month as permanent alimony to the appellant -wife from the date of decree. The appellant has challenged only the amount of permanent alimony in this appeal.

(2.) THE marriage was ceremonized in 1978. As per trial Court, the respondent treated the appellant with cruelty and has kept another woman as his wife. Parties cohabited only for six to seven months after the marriage and are living separate for last twelve years. As per appellant, respondent runs a shop of waste material. He owns truck which he drives himself. The respondent was injured in the truck accident but has recovered now. The respondent claimed that he has a hand cart in which he keeps his stock in trade. His monthly income does not exceed Rs. 1,500/ -. His two younger brothers and mother who live jointly with him are dependents on him. His wife Rambai works as a tailor. He admitted that he was injured in truck accident. He offered to keep the appellant in a separate rented house. During cross -examination he admitted execution of agreement of sale of house for Rs. 18,000/ - on 17.1.1985. Further, in Miscellaneous Case No. 293/85 (Narayani Bai v. Ramesh Chand Rathore) on 15.7.1992, the appellant was awarded maintenance allowance of Rs. 400/ - per month by the Magistrate under S. 125 of the Code of Criminal Procedure.

(3.) IN the facts and circumstances of the case, the appellant is entitled to Rs. 800/ - per month as the alimony out of which the amount payable to her by the order of the criminal Court shall be adjustable. This order shall be affective from 21.8.1997 the date of institution of this appeal. Appeal is allowed to this extent. Cost as incurred.