LAWS(P&H)-1989-2-157

MANJIT KAUR AND ANOTHER Vs. INDERJIT SINGH

Decided On February 10, 1989
Manjit Kaur And Another Appellant
V/S
INDERJIT SINGH Respondents

JUDGEMENT

(1.) This is a revision petition seeking enhancement of maintenance.

(2.) Initially, the trial Magistrate granted Rs. 150.00 per mensem to Manjit Kaur, petitioner, and Rs. 100.00 per mensem to Jasbir Kaur, petitioner, the daughter of Manjit Kaur, as maintenance against the respondent. The additional Sessions Judge, Jalandhar, has reduced it to Rs. 100.00 per mensem and Rs. 50.00 per mensem respectively from the date of the petitioner.

(3.) It is urged on behalf of the petitioners that the maintenance provided is inadequate and that the view of the learned appellate Court that the petitioners have not produced any evidence to establish that the respondent was running shop was perverse as it was difficult for a destitute wife and child to prove such an assertion. This argument is' of no substance in view of not only the counter assertion of the respondent that he was not running a shop of his own but was not father working as an employee in some body's shop which stands further corroborated by the evidence of P2 Jagdish Kumar, his employer, who was categoric that the respondent was serving with him at a monthly salary of Rs. 300.00 per mensem. This clinching evidence ousts the case of the petitioners for enhancement. But of the salary of Rs. 300.00 of :he respondent, they have been able to secure collectively Rs. 150.00 as maintenance. On the present record and in these circumstances, no case for enhancement is made out.