GURDEEP KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the Additional Sessions Judge, Ludhiana, dated 7th August, 1979, whereby he partly set aside the judgement of the trial court, dated 28th August, 1978, whereby the latter court had awarded Rs. 70/ - by way of maintenance to wife under section 125, C.P.C. and Rs. 30/ - to the male child born to her from the loins of her husband respondent herein. The lower appellate Court maintained the order of the trial Magistrate to the extent it awarded maintenance to the child but quashed it to the extent it awarded the maintenance to the petitioner wife.

(2.) THE trial Court gave two reasons (i) that the petitioner wife had failed to aver in the petition that she was unable to maintain herself ;and (ii) that respondent -husband was having an income of only Rs. 76/ - per month by way of pension and he could not be made to forego that amount in its entirety in order to pay maintenance to the petitioner -wife.

(3.) BOTH the reasons advanced by the Court below are palpably un - warranted.