GURMUKH SINGH Vs. KAMLA

JUDGEMENT

(1.) THE only matter that arises for consideration here is with regard to the quantum of maintenance payable by the husband to the wife and son. The court below had fixed this figure at Rs. 350/- keeping in view the land holding of the petitioner/husband. Evidence shows that the petitioner and his brother jointly own about 8/10 acres of land and besides that they live in a joint family with their father, who owns about 17/18 acres of land. The father also has a tractor which is used for cultivation of all the land. In these circumstances, fixing of Rs. 350/- per month, as maintenance, for the wife and minor son, can, by no means be considered to be excessive. This amount is accordingly hereby upheld and affirmed.

(2.) THE other question raised was with regard to the date from which maintenance awarded was payable. The husband has been fastened with this liability from the date of the application. The application in this case, was filed as far back as 1980. Counsel for the parties inform that the arrears of maintenance at the rate of Rs. 350/- per month, upto the date of the passing of the maintenance order by the Additional Sessions Judge work out to over Rs. 25,000/-. It is stated that the husband has already paid over Rs. 12,000/- towards arrears of maintenance. Counsel for the husband pointed to his inability and hardship in paying the balance of the arrears.

(3.) TAKING an overall view therefore, of the situation of the parties, it directed that no further amount be paid to the wife towards arrears of maintenance. The wife shall, however, be entitled to maintenance at the rate of Rs. 350/- per month from the date of the order of the trial magistrate. This petition is disposed of accordingly. Petition disposed of.