KUNI PATRO Vs. KESHAB PATRO

JUDGEMENT

(1.) THIS petition has been filed by the wife against the orders passed by the courts below rejecting her application for grant of maintenance under Section 125 of the Criminal Procedure Code on the ground that in her letters Exts. A and B she refused to come and live with her husband (opposite party).

(2.) SUBMISSION of the learned counsel for the petitioner is that in spite of her letters and approaches and her categorical statement that she is ready and willing to live with the opposite party and perform her conjugal rights, the courts below have refused for grant of maintenance which is patently illegal and is liable to be set aside.

(3.) COURTS below have also ignored to assess the income of the opposite party and the quantum which the petitioner is entitled to receive. The case of the opposite party was that the petitioner is earning Rs. 50/- to Rs. 60/- per day by selling vegetable which fact has been denied by the petitioner and no such evidence had also been led by the opposite party. On the contrary, the opposite party admits that he is Junior Engineer and gets Rs. 1200/- per month after all deductions. In view of the fact that the petitioner-wife has claimed Rs. 500/- per month, I think it just and proper to grant her maintenance at the rate of Rs. 400/- (Rupees Four Hundred) per month from the date of the application. Consequently, the petition is allowed. The orders passed by the courts below are set aside. Petition allowed.