MUNNALAL Vs. ROOP REKHA

JUDGEMENT

(1.) HUSBAND, aggrieved by the order dated 15. 2. 1991 passed by Third Additional District Judge, Bhopal in M. J. C. No. 31 of 1990 directing him to pay permanent alimony at the rate of Rs. 300/per month to the wife, who is respondent in the appeal, has preferred this appeal under Section 28 of the Hindu Marriage Act.

(2.) ADMITTED facts of the case are that appellant and respondent are husband and wife and they were blessed with a son on 27. 1. 1980. In view of the order passed in a proceeding under Section 125, Cr. P. C. , husband is paying a sum of Rs. 75/- as monthly maintenance to the son. Decree for judicial separation between the parties has been passed on 21. 3. 1983.

(3.) ACCORDING to the wife marriage between the parties took place on 5. 2. 1979 and inspite of the birth of the son on 27. 1. 1980, husband never cared for their maintenance and behaved with cruelty. Husband obtained a decree of judicial separation on 29. 1. 1983 and she is unmarried. She has no independent source of income, hence entitled for maintenance at the rate of Rs. 500/- per month. It has been stated that the monthly income of the husband from salary is Rs. 1,500/- per month besides he has other source of income. According to the husband the wife is working in the Municipal Corporation, Bhopal and she gets a salary of Rs. 450/- per month. It has been further stated by the husband that his salary is Rs. 1,680/- per month and has no other source of income and he has to maintain his parents, second wife and daughter.