Decided on July 11,1983

BIMLA DEVI Respondents


M.L. Jain, J. - (1.)The marriage between the parties was dissolved by a decree of annulment on 17-7-1981. On 22-4-1982, the learned Addl. District Judge Kumari Usha Mehra passed an order in favour of the wife directing the husband to pay Rs. 70.00 per month by way of permanent maintenance and alimony till her life time or till her remarriage whichever is earlier. Aggrieved by this decree, the present appeal has been filed by the husband.
(2.)The only contention urged on behalf of the appellant husband is that he has a wife and live school going children to support, while his income is only Rs. 350.00 as found by the court below. In these circumstances, he is unable to pay a maintenance of 70.00 per month to the respondent.
(3.)According to Sec. 25 of the Hindu Marriage Act, the court after considering the income and property of the parties, their conduct and other circumstances of the case, may direct the respondent to pay for maintenance and support such amount as may seem just. It was contended that the court has ignored the circumstance that the respondent wife was employed in the milk depot and was doing some cleansing work. No evidence was led in the instant case before the Addl. District judge to prove that the wife was still working and earning. This contention was made on the basis of some judgment in some case delivered by Shri Jagdish Chandra, Addl. District judge on 22-5.1974. This was obviously not sufficient. The learned lower court has rightly found that the petitioner was not gainfully employed. She was an uneducated and physically handicapped person. She had to undergo some surgery of her abdomen and was unfit to do any work. She deposed that the husband was getting income by selling bread, biscuits and by plying taxi and tempo and that he owns immovable property. These facts were not controverted. There is nothing in the conduct of the respondent to disentitle her to permanent alimony. In these circumstances, the amount of Rs. 70.00 fixed by the learned lower court does not seem to be at all on the high side.

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