- (1.) S. R. Bhargava, J. According to notice issued to opposite party No. 2 after hearing the parties Counsel this revision is being disposed off at admission stage.
(2.) O. P. No. 2 Sant Bahadur Singh has been a lecturer in a Degree College at Deoria. According to finding of Magistrate his monthly income is Rs. 2,500/ -. He has parents and a brother. His father has some agricultural land and being a retired employee he gets pension also. Giving all benefit to parents and appropriating Rs. 500/- p. m. for parents and holding that he has no legal responsibility to maintain his brother, Magistrate gfanted maintainance of Rs. 500/- p. m. to his wife under Section 125, C. P. C. In revision preferred by him Sessions Judge found that wife was earning some money by helping in some house. He concluded that wife could maintain herself with Rs. 200/- p. m. and reduced the maintainance of wife to Rs. 200/- p. m. Being aggrieved wife has come to this Court in Revision. It was argued on behalf of the husband that status of the wife cannot be that of husband. This contention is chevinstic and cannot be accepted. In all times in India status of the wife has been that of the husband. Wife of a Lecturar of a Degree College, who should naturally get pay according to U. G. C. scales, cannot be expected to do menial work in some houses for making her both ends meet. If in sheer distribution she rendered casual labour in some house and thereby earned some money, her money so earned cannot be considered in granting maintenance. Being wife of a Degree College Lecturer she has to lieve decently. Considering the income of the husband maintenance of Rs. 500/- p. m. awarded by the Magistrate could not be at all called excessive more so when there is no issue. It is difficult to understand how in the present times of spiralling prices, Sessions Judge could imagine that wife of a Degree College Lecturer can maintain herself with in Rs. 200/- p. m.
(3.) IN the result revision is allowed. Order of the Sessions Judge reducing the main tenance of wife to Rs. 200/- p. m. is set aside and order of the Magistrate granting maintenance of Rs. 500/- p. m. is restored. Section 126 (3), Cr. P. C. permits awarding of cost in maintenance matters. Con sidering the nature of the case I order husband O. P. No. 2 to pay cost of Rs. 500/- of this Revision to the wife (Revisionist ). Payment of cost shall be enforced by Magistrate. Revision allowed. .;