Sharif Ahmed v. Imaman Bi : 1995 (1) DMC 465 : 1995 MLR 308 : 1995 (2) HLR 545 : 1995 (4) Crimes 420 : 1995 LRC Online 13 (MP)
Section 125---Grant of maintenance---Revision---Subsequent appointment of wife as a Urdu Teacher---Wife has no case that her salary was not sufficient for her expenses Amount awarded appears to be excessive particularly after employment of wife---Impugned order modified by reducing maintenance payable to wife---Petition allowed in part.
Held : On a date on which the application was filed under Section 123 Cr.P.C., the wife was without any independent means, She was entirely dependant on mercy and kindness of her parents. It is alleged that with effect from 5.7.1985, she was appointed as a Urdu Teacher with salary of Rs. 300/- per month. The husband who claims to be too poor to maintain the wife and the son took a second wife, divorced her and took a third wife also. It appears he has a child by the third wife. In the petition as amended before the first Court, the wife stated that her salary was not sufficient for meeting the expenses of herself and her son. She has no case that her salary was not sufficient for her expenses. Even going by her averments in her application, the husband's income would not be more than Rs. 1200/- per month. Having regard to the entirety of the circumstances, while holding that the Sessions Judge was justified in ordering payment of maintenance to the wife, the amount awarded appears to be excessive, particularly since she is employed since 1985. In the facts and circumstances of the case, a sum of Rs. 100/- per month would be reasonable.