Sau Suman Narayan Niphade And Another
v.
Narayan Sitaram Niphade And Another
(Supreme Court Of India)
Criminal Appeal No. 119 Of 1990 | 24-03-1993
2. In the result, we allow this appeal, set aside the order of the High Court in revision and restore the order of the learned Magistrate which came to be confirmed by the Additional Sessions Judge, Nasik. There will be no order as to costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE A. M. AHMADI
HON'BLE JUSTICE S. P. BHARUCHA
Eq Citation
(1996) SCC CRI 53
(1995) SUPPL. 4 SCC 243
LQ/SC/1993/269
HeadNote
Hindu Marriage Act, 1955 — Ss. 125 and 25 — Maintenance — Maintenance from date of application or order — Discretion of court — Husband's income — Husband's salary Rs 1285-55p. and his carry-home pay packet Rs 506 — Initial maintenance fixed at Rs 50 for wife and Rs 100 per month for son — Increased to Rs 175 and Rs 225 respectively — Held, it is a matter of discretion of court whether to allow enhanced maintenance from date of application or from date of order — Initial maintenance was fixed at Rs 50 for wife and Rs 100 per month for son, which was increased to Rs 175 and Rs 225 respectively, presumably because of increase in cost of living as well as fact that son was old enough to go to school and wife would have to incur additional expenses on his education — Husband had incurred liability to pay instalments by obtaining loans, but that is no reason why wife and minor child should be denied maintenance which is just sufficient for keeping body and soul together — Held, this was not a fit case in which High Court should have interfered in revision — Order of High Court set aside and order of Magistrate restored — Civil Procedure Code, 1908, Or. 43 R. 1