SHEOBAI Vs. BHAGWANA

JUDGEMENT

(1.) THE petition here is by the wife seeking enhanced maintenance under section 125 of the Code of Criminal Procedure, the maintenance awarded being only Rs. 125/ - per month.

(2.) IT was the finding of the trial Magistrate that the husband was earning a pension of Its. 110/ - per month. Besides this, he owned 9 acres of land which were irrigated by a tubewell on this land. This land he had however, transferred to the name of his son. There is no mention of why be did so, which would tend to imply that this transfer was made with a view to avoid liability for maintenance for his wife. The trial Magistrate also found that the husband earns about Rs. 1000/ - per month from his business in animals. The Additional Sessions Judge, on his part, without upsetting any of these findings came to the conclusion that the income of the husband was more that Rs. 500/ - per month and this being so. upheld maintenance to the wife at the rate of Rs. 125/. per month.

(3.) ON the face of it, the award of Rs. 125/ - per month to the wife as maintenance was clearly inadequate and wholly uncalled for and this amount thus, deserves to be suitably enhanced, keeping in view the financial position and income of the husband. In the circumstances, it would be fair and just to raise the maintenance to rupees 375/ - per month. The maintenance awarded to the wife is accordingly fixed at Rs. 375/ - per month with effect from the date of the application under section 125 of the Code of Criminal Procedure.