1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. Civil Misc. Application No. 135/2009 In D.B. Civil Misc. Appeal No. 1282/2001 Smt. Nirmala Versus Dinesh Kumar Pareek 17.08.2009 Hon'ble Mr.R.C.Gandhi,J. Hon'ble Mr. K.S. Chaudhari,J. Ms. Priyanka Pareek, for the appellant. Mr. Vishwajeet Mantri, for the respondent-applicant. (Oral) This application has been presented seeking to recall order dated 17.01.2008, on the ground that the applicant is not having the residential accommodation with him to comply with the order of the Court. The operative portion of the order dated 17.01.2008, sought to be recalled, reads as under: “In our view this is utter cruelty on the part of the respondent-husband and, therefore, by way of interim arrangement, the respondent-husband is directed to provide two room set to his wife on the ground floor of his house alongwith the kitchen and allow her to live there. In addition, he shall continue 2 to pay Rs. 2,000/- per month to his wife as already ordered. It is made clear that if the respondent-husband refuses to comply with this order, he might be liable to face attachment proceeding against a portion of his house on the ground floor. We further deem it just and proper to direct that the effect and operation of the impugned judgment and order passed by the Family Court shall remain stayed till further order.” 2. The respondent-applicant is present in the Court. He is working as a Mechanic in Rajasthan State Road Transport Corporation. He has stated before the Court that he is drawing Rs. 17,000 to Rs. 18,000/- per month as home salary. He has two children i.e. one daughter and one son and both have married. The applicant appears to be having no liability to that extent. 3. The wife of the applicant is entitled to reasonable maintenance. Direction has been issued by the Court to provide accommodation and Rs. 2,000/- per month which was reasonable at that time, i.e. before the Sixth Pay Commission. Therefore, the application is dismissed. 4. While the applicant has stated that he is drawing Rs. 17,000/- to Rs. 18,000/- per month as home salary, his wife cannot be left to lead a miserable life in presence of the fact that her husband is having good salary. It has been stated by the respondent-applicant 3 himself that the appellant is living at Jaipur. For meeting the expenses and the rent for one room, one kitchen and a bathroom at Jaipur, it possibly cannot be less than Rs. 2,000/- per month. However, at the instance of the learned counsel for the respondent, we direct that the respondent shall pay Rs. 1,500/- per month towards rent and Rs. 2,000/- per month as earlier awarded by the Court. The amount of Rs. 3,500/- shall be deducted every month from the salary of the respondent and deposited in the bank account of the appellant, particulars of which shall be furnished by the appellant to the employer where the respondent is working. 5. Registry to list the main appeal. (K.S. Chaudhari),J. (R.C.Gandhi),J. Manoj. Item No.13&14.