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Supreme Court of India · body

1993 DIGILAW 1218 (SC)

Jayanta Kumar Laha v. Kabita Laha

1993-11-26

R.M.SAHAI, S.RATNAVEL PANDIAN

body1993
ORDER : S. Ratnavel Pandian, J. 1. Having heard both the learned counsel and perused the records, we pass the following order: 2. Admittedly the applicant Smt Kabita Laha is getting a sum of Rs 600 towards the maintenance for herself and on behalf of her minor son pursuant to an order in a proceeding instituted under Section 125 of the Code of Criminal Procedure. 3. According to the learned counsel for the applicant that this sum is very meagre and insufficient to maintain both of them and also to educate the minor son aged about 15 years studying in 9th standard and that the husband-respondent’s gross salary comes to Rs 5388. 4. The counsel for the respondent has not challenged the gross income of the respondent. Taking that fact into consideration and finding that the maintenance of Rs 600 is grossly inadequate, we fix the maintenance at a total sum of Rs 1600 per mensem that is to say that the respondent-husband is directed to pay Rs 1000 per mensem over and above the sum of Rs 600 fixed by the criminal court under Section 125 of the Code of Criminal Procedure. The order is to take effect from today. The plea of the applicant-wife requesting for a direction of payment of money towards the expense of this litigation will be decided at the final hearing of this case. 5. I.A. is disposed of accordingly.