UMED SINGH Vs. JYOTI

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment and decree dated October 6, 2004, passed by the Judge, Family Court, Jodhpur, whereby the application moved by the wiferespondent under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'the Act, 1956'), against the husband-appellant has been allowed and he has been ordered to pay a sum of Rs.1200/- per month to the wife-respondent from the date of filing the application, i.e., January 17, 1998.

(2.) Brief facts, giving rise to the instant appeal, are that Smt. Jyoti (plaintiff before the trial Court and respondent before this Court) filed an application under Section 18 of the Act, 1956 against Shri Umed Singh Inda (defendant before the trial Court and appellant before this Court) in the Family Court, Jodhpur, claiming maintenance @ Rs.2000/- per month. It was averred in the plaint that their marriage was solemnized on 28.11.1993, at Jodhpur, according to the Hindu customs and usage. After the marriage, they lived together as a husband and wife. Thereafter, the appellant deserted her without any cause. It was also averred in the plaint that the wife was treated with cruelty and was given beating by the appellant and his other family members as her parents failed to satisfy the demand of dowry.

(3.) On 25.12.1994, Smt. Jyoti was turned out from the matrimonial house by the appellant and since then, she is residing with her parents at Jodhpur. It was averred in the plaint that the appellant has contracted a second marriage with the daughter of Bahadur Singh in January, 1995, without getting a decree of divorce. Smt. Jyoti the wife of appellant has no source of income. The appellant is earning Rupees eight-nine thousand per month. He is also having an earning of Rupees five six thousand from the source of Private Dispensary and agricultural land. Therefore, a sum of Rs.2000/- per month was claimed as maintenance commensurating with status and income of her husband.