SHARAD KUMAR Vs. SMT. MANGLA GOTTEE

JUDGEMENT

(1.) The petitioner is a Telephone Inspector, drawing the net amount of Rs. 823, excluding other deductions. By order dated 26-2-1986, the learned IVth Additional District Judge, Indore, has directed him to pay Rs. 400 as expenses and a maintenance allowance of Rs, 150, per month from the date of application, i e. 8-2-1983, till the decision of the suit. An application for early hearing, being I.A. No. 466 of 1987, has been moved by the petitioner. It is in view of this application that this petition was taken up for final hearing as learned counsels for the parties agreed to such hearing.

(2.) Shri Meo, learned counsel for the petitioner submitted that the respondent is also in Government service, serving as an Upper-Division-Teacher and she needs no maintenance allowance. It was stated that their children are grown up and married and they are not dependent on the respondent, although they are living with her. The amount of maintenance is made payable from the date of application, i.e. 8-1-1983 and by now almost four years have lapsed. Shri Meo submitted that it would be too harsh for the petitioner to pay the accumulated amount of maintenance allowance. In any case i t is excessive and should be made operative from the date of the order.

(3.) Shri Kokje, learned counsel for the respondent has opposed this prayer in view of the fact that the petitioner has no other liability and even if the respondent-wife is serving, the petitioner-husband is bound, under the law, to maintain his wife. This proposition cannot be disputed However, considering the fact that if the petitioner is called upon to deposit the total accumulated arrears of maintenance allowance, it would cause a great deal of hardship. It is, therefore, directed that the amount of maintenance shall be payable from 26-2-1986, the date on which the trial Court passed the impugned order. As the respondent is also serving as a teacher, the amount of maintenance is reduced from Rs. 150 per month to Rs. 100 per month.