Criminal Revision No. 81 of 1991 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 81 of 1991 Date of Decision: 28.01.2008 Mohinder Kaur …Petitioner Versus Malook Singh …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None. Kanwaljit Singh Ahluwalia, J. (Oral) Mohinder Kaur wife of Malook Singh has filed a present revision petition praying that judgment of learned Additional Sessions Judge, Patiala, whereby her maintenance was reduced be set aside. In the revision petition preferred by the respondent-husband, the amount of maintenance was reduced from Rs.400/- to Rs.300/-. In this case, notice was issued on 12.3.1991. Summons sent were not received back served or otherwise. The matter was sent to the Lok Adalat. On 30.9.2001 none had appeared before the Lok Adalat . Thereafter on 5.12.2001 none has appeared for the respondent as the service was not Criminal Revision No. 81 of 1991 2 effected. Again on 29.8.2001 no one had appeared on behalf of the respondent-husband despite service. Order of Lok Adalat dated 29.8.2001 shows that the service was effected upon the respondent-husband but he has not caused appearance. Today even none has come present on behalf of the petitioner-wife, who was seeking maintenance. A helpless wife has been deprived of the maintenance and her revision petition challenging the order dated 12.7.1990 is pending in the records of the Court. Since the husband has not appeared despite service, I proceed to decide the present revision petition. The Court of learned Judicial Magistrate Ist Class, Patiala, by a well reasoned order has granted maintenance of Rs.400/- per month to Mohinder Kaur, petitioner, who had filed an application for grant of maintenance under Section 125 Cr.P.C. Aggrieved against the same, her husband Malook Singh had filed a revision petition in the Court of learned Additional Sessions Judge, Patiala, who held wife to be unable to maintain herself and repelled the allegations levelled against the wife of bad character or of having illicit relations but without any plausible reason, reduced the maintenance from Rs.400/- to Rs.300/- per month. The only reason given by learned Additional Sessions judge, Patiala, for reducing the maintenance is mentioned in para 13 of the order, which is reproduced as below: “13. In any case, considering that the learned trial Court had in his interim order had granted Rs.200/- per month and in the final order after appreciation of evidence, he awarded Rs.400/- per month and else taken the circumstance that two sons of Mohinder Kaur have become major and have also started earning. I think that Rs.300/- would be quite reasonable for the maintenance of Mohinder Kaur, petitioner”. Criminal Revision No. 81 of 1991 3 I do not find this reason to be just. In the present times, Rs.400/- is nothing for survival of a woman. Accordingly, the present revision petition is accepted. Order passed by learned Additional Sessions Judge, Patiala, is set aside and the order passed by learned Judicial Magistrate Ist Class, Patiala, granting Rs.400/- per months as maintenance is upheld. As a matter of abundant caution, it is stated that if any variation has taken place in the status of the parties, they will be at liberty to approach the Court below for enhancement or reduction of maintenance. In view of the observations made above, the present revision petition is allowed. (Kanwaljit Singh Ahluwalia) Judge January 28, 2008 “DK”