Vishnu @ Vishan Lal @ Vishan Das S/oChhina Ram v. Sunita W/o Shri Vishnu @ Vishan Lal
1999-03-04
G.L.GUPTA
body1999
DigiLaw.ai
JUDGMENT 1. -This revision is preferred against the order dated 11.2.1998 passed by Judicial Magistrate No. 3, Bikaner, whereby he allowed the application of the respondents for maintenance and directed the petitioner to pay maintenance at the rate of Rs. 1,000/- per month to the respondents who are his wife and daughters. 2. Mr. Choudhary, referring to the salary certificate of the petitioner wherein the net salary of the petitioner for December, 1998 has been shown as Rs. 1,115.70, contends that if the petitioner pays Rs. 1,000/- to the respondents, he will not have anything for his subsistence and the subsistence of his mother. He further points out that in 1996 the income of the petitioner was Rs. 900/- per month only. Mr. Vyas does not challenge the certificate produced by Shri Choudhary. 3. The certificate shows that the salary actually paid to the petitioner for December, 1998 was Rs. 1,115.70. It is suggested by both the learned counsel that the amount of Rs. 400/- per month be fixed as maintenance for Sunita and her two daughters from 25.10.1995 to 24.10.1996, Rs. 500/- per month from 25.10.1996 to 24.10.1997 and Rs. 600/- per month thereafter. 4. Taking into consideration the submissions made before me, the petition is partly allowed. It is directed that the maintenance payable to the respondents by the petitioner shall be; (i) Rs. 200/- per month to Sunita and Rs. 100/. each to Bharti and Nisha from 25.10.1995 to 24.10.1996, (ii) Rs. 250/- per month to Sunita and Rs. 125 each to Bharti & Nisha from 25.10.1996 to 24.10.1997 and (iii) Rs. 300/- per month to Sunita and Rs. 150/- each to Bharti and Nisha for the period from 25.10.1997 onwards. It is further directed that entire arrears of maintenance till today shall be paid by the petitioner in three equal instalments payable on 1.4.1999, 1.8.1999 & 1.12.1999.Revision allowed. *******