The court considered the respondent's income and living arrangements in determining the maintenance amount and ordered the payment of arrears of maintenance along with the current maintenance.

1. This is an appeal under Section 19 of the Family Courts Act against the order of the learned Family Court, Ajmer dated February 8, 1990, passed in proceedings under Section 125 Cr.P.C. for grant of maintenance on the ground that the respondent was not maintaining her (the wife) without any cause and that she had no means of her own. A number of pleas were raised in reply of the respondent and after taking into consideration the evidence led by the parties, the learned Judge, Family Court granted maintenance of Rs. 300/- per month to the appellant and this maintenance was allowed from the date of the order i.e. February 8, 1990.

2. Before fixing the amount, which has to be granted as maintenance in this appeal, it has been brought to our notice that on May 9, 1987 the respondent filed an application for divorce before the Family Court at Ajmer and in these proceedings interim maintenance under Section 24 of the Hindu Marriage Act was allowed from 13.7.1987 at Rs. 300/- per month and that divorce petition came to be disposed in November, 1988 and thereafter, the interim maintenance was also stopped. Later on, respondent preferred an appeal before this Court against the dismissal of the divorce application and from August 3, 1989 a sum of Rs. 350/- per mouth was allowed as maintenance to the appellant.

3. Respondent is a U.D.C. in the Railway, posted at Ajmer and it is evident from his pay certificate that his monthly pay is Rs. 1980/- in aggregate, The payslip shows that a sum of Rs. 180/- is deducted on account of Provident Fund, Rs. 20/- on account of insurance, Rs. 240/- on account of Society Deposits and Rs. 595/- on account of Society Loan. The net payable salary comes to Rs. 858/-. However, it may be said that the loan and the society-deposit are optional deductions and because of these deductions, it cannot be said that his pay is only Rs. 858/-. It can be said that after the compulsory deductions the net salary comes to Rs. 1700/-. The respondent has a widowed sister and his parents in his family and his father is a pensioner. Another fact which is to be taken into consideration is that the appellant is living in premises of the respondent while the respondent and his family members are living in rented house. Hence the facility of house provided by the respondent to the appellant has also to be taken into consideration while fixing maintenance amount.

4. The learned counsel for the appellant has contended that 1/3 amount should be granted as maintenance. In support of this, he has cited a few decisions, but it can be said that in Rajasthan, usually the maintenance is allowed 1/5 of the salary of the husband.

5. Taking into consideration the fact that the amount which the respondent earns per month is about Rs. 1700/- and that the appellant is living in the premises provided by the respondent. It can be said that a sum of Rs. 300/- per month fixed at that time was appropriate. With the increase in the pay of the respondent, Rs. 50/- was increased with effect from August 3, 1989 and it can be said that from this date onwards appellant can be paid maintenance at Rs. 350/- per month. Another grievance of the learned counsel is that maintenance has been awarded from the date of the order and not from the date of the application. We have seen the period for which the appellant has not been paid any interim maintenance and the only remedy is to include the same in the proceedings. We have considered this question and Rs. 300/- per month should be granted from the date of the application i.e. 23rd May, 1987. it may be mentioned here that she has been paid maintenance for some period, and period for which she has not been paid maintenance is as under:-

23.5.87 to 30.7.87 and 1.12.88 to 3.8.89.
For these periods the appellant shall get maintenance at the rate of Rs. 300/- per month.

6. In the result, this appeal is allowed and the order of the learned Family Court is modified to this extent that the maintenance of Rs. 300/-