KANHAIYA LAL Vs. HIMACHALI DEVI

JUDGEMENT

(1.) The petitioner is the husband who aggrieved by the order of enhancement of maintenance allowance in favour of his wife (respondent herein) has filed the instant petition questioning the said order.

(2.) The relationship between the parties is not denied and one of the points that is strongly urged by learned counsel for the petitioner is that on failure of wife to join the company of the husband in a decree for restitution of conjugal rights, she is not entitled to claim any maintenance much less enhanced amount of maintenance.

(3.) It would be noticed that the respondent had initially filed petition under Section 125 Cr.P.C. for award of monthly maintenance, however, the same was dismissed as compromised. Later on, the respondent again filed petition for maintenance, the same was allowed vide order dated 26.10.2006, whereby she was awarded monthly maintenance at the rate of Rs.400/- per month.