Madhya Pradesh High Court
Hemant Kumar Chakradhar vs Vinita Chakradhar on 18 January, 2016
CRR No.609/2015
(Hemant Kumar Chakradhar vs. Vinita Chakradhar)
18.01.2016
Shri R.K.Soni, learned counsel for the petitioner.
Shri R.K.Mishra, counsel for the respondent.
Heard on admission as well as on I.A.No.6072/2015, an application for staying the impugned order.
The present matter relates to maintenance granted to the respondent. Prima facie it appears that the respondent has alleged about the landed property of the applicant and his income from the rent however the applicant claimed himself to be an unskilled labour. Under these circumstances where the trial court did not mention any reason to assess the amount of maintenance per month, prima facie revision appears to be arguable and therefore it is admitted for final hearing.
Since the respondent is represented therefore no fresh notice is to be required to be sent after admission of the revision.
So far as the stay application is concerned, interim maintenance of Rs.1500/- was fixed during the pendency of the case. However looking to the minimum wage of these days of an unskilled labourer, it would be appropriate that CRR No.609/2015 I.A.No. 6072/2015 shall be dispose of with the direction that till the decision of the revision, the applicant shall pay maintenance of Rs.2500/- per month to the respondent. However at present the respondent can not recover the maintenance granted by the trial Court from the date of the application. She would get the maintenance at the rate of Rs.2500/- per month from the date of order passed by the trial Court till its realization.
Case be listed for final hearing in due course.
(N.K.GUPTA) JUDGE AK/-