CHHITTAR MAL Vs. SMT. SANTOSH AND ORS.

JUDGEMENT

(1.) This revision filed by petitioner (husband) against Non-Petitioners (wife and children) is directed against the order dated 16th Dec. 1999, passed by learned Family Court, Ajmer.

(2.) It is urged on behalf of petitioner that income of husband petitioner Chhitar Mai is very low. Petitioner earns Rs. 140.00 per day and gets work for 20 days only in a month. Therefore, at the most the monthly income of the petitioner can be Rs. 2500.00 only. Learned Lower Court vide impugned order granted Rs. 700.00 P.M. to non-petitioners, who are wife and children of this petitioner. Looking to the income of petitioner, the amount granted to non-petitioners is excessive. The petitioner is ready to keep the non-petitioners with his but the non-petitioners do not want to stay with him. Therefore, the order passed by lower court deserves to be quashed and set-aside.

(3.) On the next hand, it is urged on behalf of non-petitioners that even if the income of the petitioner is taken to be Rs. 2500.00 p.m., the amount of maintenance awarded by the Lower court to the non-petitioners is not excessive. Learned Lower Court granted Rs. 300.00 to the Non-Petitioner No. 1, who is wife of the petitioner and Rs. 200.00 each to N.R Nos. 2 and 3, who are sons of parties. Learned lower Court has discussed in detail in its order that it is the husband, who has neglected the wife and children.