NEELAM RANI Vs. SURESH KUMAR

JUDGEMENT

(1.) THE petitioners were allowed maintenance by Judicial Magistrate Ist Class, Faridkot, at the rate of 350/- per month to petitioner No. 1 and Rs. 150/- per month to petitioner No. 2, vide his order dated 1-7-1987. Mi. P. K. Jain, Additional Sessions Judge, Faridkot, modified the order in revision filed by Suresh Kumar respondent and reduced the maintenance awarded to petitioner No. 1 to Rs. 200/- per month and to Rs. 50/- per month to petitioner No. 2. Feeling aggrieved, they have filed this revision.

(2.) I have heard the learned counsel for the parties and gone through the record. The learned trial Court had awarded maintenance, taking the income of the respondent to be Rs. 1500/- per month. It is further in evidence that two brothers of the respondent are earning hands, one is a Charted Accountant and the other is a Lineman. It is also conceded that one of his brothers is residing at Ludhiana and earning about 2000/- per month. The learned Additional Sessions Judge, while reducing the amount of maintenance, has been influenced by the fact that the respondent has to maintain his mother and four other members of the family. i.e., his brothers. He has not taken note of the fact that two brothers of the respondent are gainfully employed, one being a Chartered Accountant and the other being a Lineman, and that the maintenance of the mother is not the sole responsibility of the respondent. It is also not clear how the learned Additional Sessions Judge has come to the conclusion that the respondent is earning Rs. 800/- per month. It was admitted by the respondent in earlier litigation that his income is Rs. 1500/- per month and a copy of his statement was rendered in evidence in this case and was admitted as Exhibit A-2. No objection was taken to the admission of the copy of the statement of the respondent.

(3.) TAKING all the circumstances, of the case into consideration, I hold that the order of the Additional Sessions Judge is liable to be set aside. He had reduced the amount of maintenance granted to the petitioners, without taking care of the law applicable to the facts of the case. It is ordered that Neelam Rani petitioner No. 1 shall be entitled to get maintenance at the rate of Rs. 350/- per month and Varsha Rani petitioner No. 2 shall be entitled to get maintenance at the rate of Rs. 150/- per month as ordered by the Judicial Magistrate, vide this ordered dated 1-7-1987 and the order of the Additional Sessions Judge, dated 16-10-1987, reducing the same is set aside. Order accordingly.