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Madhya Pradesh High Court · body

2003 DIGILAW 183 (MP)

Narayani Rathore v. Ramesh Chandra Rathore

2003-01-28

P.C.AGARWAL

body2003
JUDGMENT The trial court by impugned judgment and decree dated 17.7.1997 ordered judicial separation under S. 10 of the Hindu Marriage Act ('Act' for short) and awarded Rs. 200/- per month as permanent alimony to the appellant-wife from the date of decree. The appellant has challenged only the amount of permanent alimony in this appeal. The marriage was ceremonized in 1978. As per trial Court, the respondent treated the appellant with cruelty and has kept another woman as his wife. Parties cohabited only for six to seven months after the marriage and are living separate for last twelve years. As per appellant, respondent runs a shop of waste material. He owns truck which he drives himself. The respondent was injured in the truck accident but has recovered now. The respondent claimed that he has a hand cart in which he keeps his stock in trade. His monthly income does not exceed Rs. 1,500/-. His two younger brothers and mother who live jointly with him are dependents on him. His wife Rambai works as a tailor. He admitted· that he was injured in truck accident. He offered to keep the appellant in a separate rented house. During cross-examination he admitted execution of agreement of sale of house for Rs. 18,000/- on 17.1.1985. Further, in Miscellaneous Case No. 293/85 (Narayani Bai v. Ramesh Chand Rathore) on 15.7.1992, the appellant was awarded maintenance allowance of Rs. 400/per month by the Magistrate under S. 125 of the Code of Criminal Procedure. Narayani Bai (A.W.1) in Para 3 of her statement on 2.7.1997 deposed that she requires atleast 600/-, 700/- or 800/- per month for her maintenance. The Criminal Court under S. 125 of the Code of Criminal Procedure had allowed monthly maintenance of Rs. 400/- vide order dated 15.7.1992 in Misc. Case No. 293/85 (Narayani Bai v. Ramesh Chand Rathore). Agreement for sale executed on 19.2.1985 has been too old a document to show the present financial condition of the respondent. Otherwise also financial condition of the respondent cannot be judged by such an agreement. In the facts and circumstances of the case, the appellant is entitled to Rs. 800/- per month as the alimony out of which the amount payable to her by the order of the criminal Court shall be adjustable. This order shall be affective from 21.8.1997 the date of institution of this appeal. Appeal is allowed to this extent. In the facts and circumstances of the case, the appellant is entitled to Rs. 800/- per month as the alimony out of which the amount payable to her by the order of the criminal Court shall be adjustable. This order shall be affective from 21.8.1997 the date of institution of this appeal. Appeal is allowed to this extent. Cost as incurred.