JUDGMENT R.C. Deepak, J.
1. Heard Sri Apul Mishra, learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
2. It is contended by the learned Counsel for the applicant that there is no dispute that the applicant Smt. Sheela Devi is not the legally wedded wife of opposite party/Swarup Narain Bijoria. It is also not in dispute that Swarup Narain Bijoria was not posted as Junior Engineer in Nirman Khand Mirzapur at the time of refusal of maintenance allowance. He was drawing salary as per service rules.
3. The matter under dispute was whether opposite party Swarup Narain Bijoria remarried another woman Shashi and the applicant was having sufficient means of her livelihood and she refused to have the company of her husband without any reasonable cause. The courts below refused to award maintenance allowance to her on the ground that she was engaged in preparing Biri and was earning handsome amount and she refused to live with her husband without any reasonable cause.
4. Notice was issued to the opposite party Swarup Narain Bijoria and the same was personally served upon him but he did not appear to contest the case.
5. I have examined the facts and circumstances of the case available on record. If it is presumed that the applicant was preparing Biri and was earning some amount it may not be a ground to refuse her maintenance from her husband who was in government service and drawing handsome salary. The wife is required to be maintained according to the status of the husband. So far as the question of remarrying another wife Shashi is concerned there is no concrete evidence to disbelieve this fact.
6. Taking into account the entire facts and circumstances of the case I am of the view that the courts below committed error in relying the evidence of the opposite party and ignored the evidence of the applicant which appears to be cognizable one. The orders dated 20.12.1984 and 13.6.1984 are necessarily required to be quashed and are accordingly quashed.
7. The application is accordingly allowed.
8. The applicant is awarded Rs. 500/- per month as maintenance allowance as claimed by her.
9. Let recovery warrant be issued against opposite party No. 2 Swarup Narain Bijoria on the following address:
Swarup Narain Bijoria S/o Halku Ram resident of house No. 27C/3D/1 Mohalla Bhulai Ka purwa Police Station Colonelganj, District Allahabad.
10. The learned C.J.M., Allahabad is directed to ensure the compliance of this order within a period of three weeks from the date of the presentation of the certified copy of this order and submit his compliance report on or before 17.5.2006.
11. The case shall again appear on list on 17.5.2006 for the purpose.
12. Let a copy of this order be furnished to the learned A.G.A. free of cost within a week for intimating the authority concerned.