Usha Devi Vs. Malha
Ram  INSC 1243 (28 July 2008)
JURISDICTION CRIMINAL APPEAL NO. 1177 OF 2008 [Arising out of SLP(Crl) No.7038
of 2007] USHA DEVI .......APPELLANT(S) Versus
is wife's petition challenging the order of the High Court reducing the
maintenance from Rs.2500/- to Rs.1500/-. The appellant urges two contentions.
First is that the order of the High Court gives a wrong impression that what is
fixed is as an interim measure as it says that "maintenance is reduced to
Rs.1500/- per month during the pendency of appeal" when there is no appeal
pending. Second is that the High Court has not given any reason for reducing
the maintenance from Rs.2500/- to Rs.1500/- per month.
find considerable force in both submissions. However, after the matter was
argued for some time, learned counsel for the appellant and respondent
submitted that having regard to the facts and circumstances, a sum of Rs.2000/-
per month will be a reasonable amount by way of maintenance.
view of the above, we allow this appeal in part and modify the maintenance
payable by respondent to appellant as Rs.2000/- per month from the date of the
order of the High Court.
( R.V. RAVEENDRAN )