RAM PARTAP SEHGAL Vs. YASHBIR

JUDGEMENT

(1.) This is a revision petition against the order of learned Sub-Judge, 1st Class, Amritsar dated September 18, 1978, grans maintenance to the wife under section 24 of the Hindu Marriage Act, the rate of Rs. 250/- per month.

(2.) The validity of the order has been challenged on the ground that the trial Court wrongly included Rs. 47/- in the disposable income although this amount was compulsorily deductible towards Provident Fund. Even if the gross income is reduced by this amount, the one-third of the disposable income would come to Rs. 243/- whereas the maintenance allowance was at the rate to Rs. 250/- per month. In these circumstances there would be hardly a justification to interfere with the impugned order in the exercise of the revisional jurisdiction of this Court. The learned counsel for the petitioner. However, relied on Dr. Yoginder Pal Soni v. Smt. Padma Soni,1974 PunLR 878 wherein it was held that ordinarily one-fifth of the disposable income should be allowed as maintenance to the wife but this dictum did not find favour with the Division Bench in Usha v. Sudhir Kumar, 1974 76 PunLR 195. It was observed in paragraph 9 of the judgment that allowing of one-third of the aggregate income of the husband to the wife is a workable rule and can serve as a good guide in normal cases where the husband has an ordinary income of about Rs. 1,000/- per month. As the amount of maintenance allowed by the trial Court is one-third of the disposable income of the husband, I find no scope to interfere with the impugned order. This petition is, therefore. dismissed but without any order as to costs.