SUNDER NATH Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The petitioner-husband is aggrieved by the order dated 28.07.2009, passed by the learned Judge, Family Court, Udaipur, whereby the learned Judge has directed the petitionerhusband to pay a maintenance of Rs.1,500/- per month to the respondent-wife and Rs.500/-per month each for respondent Nos.3, 4 and 5, the three children born out of the wedlock.

(2.) Mr. J.V.S. Deora, the learned counsel for the petitioner, has vehemently contended that according to the respondent-wife herself, she has admitted, in her crossexamination, that the house in which she is staying with her three children was built by her father and a portion of the said house is on rent. Thus, she is deriving rental income. The said rental income is sufficient for her to maintain herself and the three children. Moreover, the petitioner-husband has already filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Since he is willing to keep her and the children with him, they are disentitled from claiming any maintenance from him. Lastly, although no evidence with regard to the income of the petitioner-husband was submitted by the respondent-wife, still the learned Judge has directed the petitioner to pay a total maintenance of Rs.3,000/- per month to the respondents.

(3.) On the other hand, Mr. U.S. Gehlot, the learned counsel for the respondent-wife, has strenuously contended that according to the respondent-wife, the portion of the house which is on rent, the rent amount is merely Rs.100/- per month. The said amount cannot be held to be sufficient for maintaining lives of four persons. Moreover, the learned Judge has rightly concluded that the respondent-wife was subjected to mental and physical currently. In fact, a criminal case has already been filed by the respondent-wife against the petitioner-husband, which is presently pending before the Additional Chief Judicial Magistrate No.3, Udaipur. Hence, she has sufficient reasons for not wanting to live with the petitioner-husband. Lastly, the respondent-wife is faced with the prospects of having to feed herself and to feed her three children and to look after their eduction and upbringing. Considering the high rate of inflation, a total maintenance of Rs.3,000/- per month is not a bonanza.