LAWS(RAJ)-1989-8-78

RAMESH CHANDER DATA Vs. MEERA

Decided On August 24, 1989
Ramesh Chander Data Appellant
V/S
MEERA Respondents

JUDGEMENT

(1.) I have gone through the impugned order of the learned District Judge, Alwar. He has committed grave procedural error in the exercise of his jurisdiction inasmuch as despited having said that it was difficult with certainty to state as to what was income of the petitioner, yet he made the petitioner liable to pay maintenance @ Rs. 150 per month to the non- petitioner.

(2.) Before awarding maintenance to the non-petitioner, it was necessary for the District Judge first to mind out as to how much was the income of the petitioner and then only he could determine any amount permissible by law as maintenance and as payable by him to the non-petitioner.

(3.) I allow this revision petition, set aside the Judgment of the District Judge, Alwar dated March 4, 1989 and remand the matter to him to re-decide the question about paying capacity and income of the petitioner and then to determine the question regarding payment by him of any maintenance amount permissible by law to the non-petitioner. Revision allowed. ...[VERNACULAR TEXT OMITTED]...