Anjanaben Pankat Kumar Shah v. Pankat Kumar Jayantilal Shah
1985-11-19
N.N.BHATT
body1985
DigiLaw.ai
JUDGMENT : N. N. Bhatt, J. This is a petition by the wife who had filed an application No 141 of 1982 in the Court of the learned Metropolitan Magistrate, Ahmadabad for maintenance for herself and for her son, aged five. The allegation in the application was that though the husband had sufficient means, he had without any rhyme or reason driven her and her minor child out and had neglected and/or refused to maintain them. She had claimed Rs. 500/- p.m. for herself and the equal amount for the minor child. 2. The learned Magistrate conducted the matter and concluded that the wife had no justification to be away from the husband. The allegation about ill-treatment, both physical and mental, were found to be unsubstantiated and incredible. Going through the entire judgment of the learned Magistrate, I am not in a position to say that his assessment is in any way vitiated. The major ground that appeals to me is that the husband's offer to furnish any security to the satisfaction of the wife herself also was not acceptable to her and the learned Magistrate rightly held that had there been any truth in the allegations about ill-treatment, some neighbours could have come forth to assist her case. So, there is no case for interference with the order rejecting the wife's application for maintenance. 3. As far as the minor son is concerned, the learned Magistrate has awarded Rs. 75/- p.m. only and the reason that appears to have weighed with him is that the husband had no much income. However, it is to be noted that the bare minimum income is to be earned by the man on whom the responsibility to maintain the dependents lies. He cannot get away from that liability by simply asserting that he has no means to pay. The amount of Rs. 125 is the minimum that would be needed in these days for bringing up a minor son. So, at least Rs. 125 p.m. should have been awarded by the learned Magistrate for the minor son. He has, therefore, committed an error of jurisdiction in not examining this aspect of the problem, namely, the father's liability to maintain the son at least to some extent reasonably. 4. The result is that the petition is partly allowed by enhancing the amount of maintenance of the child to Rs.
He has, therefore, committed an error of jurisdiction in not examining this aspect of the problem, namely, the father's liability to maintain the son at least to some extent reasonably. 4. The result is that the petition is partly allowed by enhancing the amount of maintenance of the child to Rs. 125 p.m. Rule is accordingly made absolute with no order as to cost. Revision partly allowed.