GURDIP KAUR Vs. SATPAL SINGH

JUDGEMENT

(1.) I have heard the Counsel for the parties. As per assertion of the husband himself, he is getting Rs. 1700/ - P.M. carry home Salary, his liabilities are his old mother and one sister as alleged. On the other hand, the wife is maintaining the child and an order under Section 125 Cr. P.C. was passed in the year 1987 allowing maintenance to child and wife at the rate of Rs 150/ - and 125/ - total Rs. 275/ - per month. This amount is stated to have been paid upto April, 1990. There is a disputed question as to whether the wife is employed or not. According to the assertion of the wife, she is not employed. Taking into consideration the carry home salary of the husband, I think the maintenance during the pendency of the appeal should be fixed at Rs. 300/ - per month for the wife. The amount of maintenance fixed for the child would be in addition, Adjustment of the amount of maintenance awarded by the Magistrate for the wife would be made upto April, 1990 it is alleged that the husband has already paid the maintenance. Thus, this order will be effective from May 1, 1990 and shall remain in -force during the pendency of appeal. I fix a sum of Rs. 1,000/ - towards litigation expenses. The litigation expenses and the maintenance will be paid by June 8, 1990. In future, the husband will pay the maintenance in advance by 7th of every month. The Civil Misc. stands disposed of.