talaq and also extended threat of life to her. Her husband works as contractor in brick klin of transportation of brick from klins and earns Rs.30000/- to Rs.35,000/- per month. He is able to provide maintenance to the applicants but he is neglecting his liability to maintain his wife and children. Notice was served on opposite party but he failed to appear before the court below and the proceeding were taken ex-parte against him. On perusal of pleading and evidence of applicants, concluded that the applicant No.1 is legally weded wife of opposite party and the children were born out of their wedlock. The opposite party deserted the applicants deliberately and did not provide any maintenance to them. Consequently, the applicant No.1 was forced to live separately from her husband. Although, no documentary evidence has been adduced by the applicant No.1 in support of earning of opposite party but keeping in view the pleadings and uncontroverted statement of the applicant No.1, it appears that she is not possessed of any means to maintain herself. There is no evidence on record to the effect that the opposite party is suffering from any physical disability. Therefore, he may be supposed to be physically able person and capable of earning. As the applicants are wife and children of opposite party and they are not possessed of any financial means to support themselves. Therefore, this is moral, social, legal and religious liability of the opposite party to maintain his wife and children. There is no evidence on record that the opposite party has paid any maintenance to the applicants. Learned court below while considering the standard of both sides citing the judgement of Hon'ble Apex Court passed in the case of Rajnesh vs. Neha (2021) 2 SCC 324 , has fixed an amount of maintenance 1,000/- per month to applicant No.1 and at the rate of Rs.500/- per month to each of the applicant Nos.2,3 and 4. Thus, has awarded maintenance to the tune of Rs.2500/-, in aggregate to the applicant from the date of filing of applicant i.e. from year 2021.
