A wife is entitled to maintenance based on evidence of neglect and ill-treatment by the husband, and the quantum of maintenance should be determined considering the financial condition of the husband.

A. S. NAIDU, J.

( 1 ) THE judgment dated 15-2-1992 passed by the learned Judge, family Court, Cuttack in Criminal Proceeding No. 26 of 1991 is impugned in both the criminal appeals and thus, both the appeals are heard together and disposed of by this common judgment.

( 2 ) PUSPITA Mohapatra, appellant in Crl. Appeal No. 112 of 1992 being the wife of jibanendra Mohapatra, appellant in Crl. Appeal No. 110 of 1992, filed an application under Section 125, Cr. P. C. seeking maintenance of Rs. 500/- per month from her hus-band-Jibanendra Mohapatra. Admittedly the parties married on 14-7-1986 and led a blissful married life for quite some time. Thereafter, it is alleged, dissensions cropped up and the husband who was serving in Indian Air Force did not bother to look after his wife. According to the wife, the husband was getting salary of Rs. 3. 000/- per month and his home-take salary was Rs. 1500/ -. The husband appeared in Court and filed an objection taking the plea that he is ready and willing to maintain the wife and the wife is, in fact, deliberately not staying with him and as such, she is not entitled to any maintenance.

( 3 ) IN course of hearing, to substantiate her case of negligence. the wife examined three witnesses being P. Ws. 1, 2 and 3 and exhibited three documents. The husband on the other hand, examined himself as O. P. W. No. 1 and exhibited three documents.

( 4 ) THE learned Judge. Family Court, after discussing the evidence in extenso. arrived at the conclusion that the husband intentionally refused to bring the wife from her father's house and thus. she is entitled to maintenance. The Court also arrived at the conclusion that there was ill-treatment to the wife.

( 5 ) MR. Dash, learned counsel for the appellant-husband forcefully submitted that the Court below has acted illegally and with material irregularity and the order directing payment of maintenance cannot be sustained. He also vehemently submitted that as the husband has retired in the meanwhile and getting a paltry amount towards pension, it is not possible for him to pay a sum of Rs. 300/- towards maintenance. Mr. Dhal, learned counsel for the wife. who has also filed an independent appeal. inter alia, challenging the quantum of maintenance, i. e. Rs. 300/- per month, submitted that the husband is not looking after the wife and in fact, ill-treating her compelling her to stay in her father's house. It is also submitted that she hails from a very poor family and her father is not financially sound to maintain her. Mr. Dhal submitted that the findings arrived at by the learned judge, Family Court are just and proper, but the quantum fixed is grossly low and it is a fit case where the quantum of maintenance should be enhanced substantially.

( 6 ) AFTER hearing learned counsel for both the parties, perusing the impugned judgment and other materials available and after assessing the evidence, both oral and documentary. we find that the Court below has not committed any illegality or irregularity and the findings arrived at are based on materials on record. No error apparent on the face of record is pointed out to us in a course of hearing. P. Ws. 1, 2 and 3 have supported the case of the wife that she was ill-treated and neglected by her husband. We are. therefore, not inclined to interfere with the findings arrived at by the Court below and confirm the same.

( 7 ) SO far as the quantum of maintenance is concerned, law is well settled that a wife is entitled to lead a descent life in par with the dignity and status of her husband. Admittedly, the husband was an employee of air Force and we are told in course of hearing, that after retirement, he has joined as an Advocate. There is no substantial evidence indicating the income of the husband. It is submitted that he is drawing a paltry amount towards his pension.

( 8 ) TAKING into consideration the financial condition of the husband, we feel it is a fit case where the quantum of maintenance awarded