AMARJIT KAUR Vs. RAJINDERPAL SINGH

JUDGEMENT

(1.) SMT. Amarjit Kaur wife has filed this Revision Petition against order dated October 10, 1987 passed by the Additional District Judge, Ludhiana under Section 24 of the Hindu Marriage Act granting her maintenance at the rate of Rs. 125/- per mensum from the date of the application and a sum of Rs. 400/- as litigation expenses.

(2.) ONE of the grounds for granting the maintenance was that the wife had not filed affidavit in support of her allegations and thus the affidavit of the husband was taken into consideration, particularly with respect to his salary. He has mentioned therein that he was getting Rs. 495/- per mensum as his basic pay. The Additional District Judge of his own mentioned that after adding allowances, the pay of husband would not be more than Rs. 800/- per mensum. The respondent is employed as a Constable in the Police Department and the affidavit filed by the wife in support of her allegations that the monthly salary of her husband was Rs. 1500/- per mensum appears to be reasonable and acceptable. It may be noticed that with effect from January 1, 1986 the pay scales were revised. Taking Rs. 1500/-per mensum as the salary of Rajinderpal. Singh, the husband, and also taking into consideration that his mother is also dependent upon him, a sum of Rs. 300/- per mensum would be quite reasonable maintenance for the wife.

(3.) FOR the reasons stated above, this Revision Petition is allowed. The order of the Additional District Judge, Ludhiana, is modified to the extent that Rajinderpal Singh, husband would pay maintenance at the rate of Rs. 300/- per mensum and litigation expenses as already ordered to Smt. Amarjit Kaur, his wife, during the pendency of the case before the Additional District Judge. Civil Revision is allowed. No order as to costs.