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2001 DIGILAW 102 (ORI)

Rasmita Rout alias Baral v. Maheswar Baral

2001-03-12

P.K.MISRA

body2001
ORDER Heard Shri B.P. Routray for the petitioners and Shri Ajit Hota for the opposite party. This writ application is directed against the order of the Judge, Family Court, Cuttack, fixing Rs. 300/- as monthly interim maintenance payable to the petitioners. Even though it is not indicated in the impugned order that inter¬im maintenance claimed is for the wife and two minor children, it is obvious that maintenance had been claimed for the three peti¬tioners. 2. The Judge, Family Court, had passed the following order : “Both parties present. The petitioner claiming interim maintenance from the O.P. is put up. Heard the parties. Consider¬ing the financial status of the O.P. I direct him to pay Rs. 300/- per month as interim maintenance to the petitioner from the date of the petition till disposal of the main case, payable on 19.8.99. Put up on 19.8.99 for payment of maintenance dues.” 3. A bare perusal of the aforesaid laconic order clearly shows that the Judge, Family Court, while considering the ques¬tion of interim maintenance has not tried to ascertain about the salary and the financial status though it has been very vaguely stated that the financial status has been considered. In normal course, I would have remanded the matter for re-consideration of the question of interim maintenance, However, adopting such a course at this distant point of time may cause further harassment to both parties. 4. In course of hearing, Shri Hota appearing for the oppo¬site party has produced the salary certificate for the month of September, 2000, which indicates that the basic pay of the oppo¬site party was Rs. 5,250/- and Dearness Allowance payable was Rs. 1, 943/- and house rent allowance payable was Rs. 525/-. In other words, the gross earning was Rs. 7,718.00 per month. However, after deduction of various amounts towards loan, et cetera, the net amount payable appears to be Rs. 2,737/- The counsel for the opposite party has also stated that the opposite party has to maintain other persons. 5. While considering the question of payability of interim maintenance, the Court has to take a prima facie view regarding the requirement of the destitute wife and minor children. Ordi¬narily, it is well accepted that about one-fifth of the income of the husband can be considered as reasonable so far as maintenance of wife is concerned. It is not disputed that petitioner No. 2 is attending school. Ordi¬narily, it is well accepted that about one-fifth of the income of the husband can be considered as reasonable so far as maintenance of wife is concerned. It is not disputed that petitioner No. 2 is attending school. Having regard to all these aspects, I think the direction regarding payment of interim maintenance of Rs. 300/- appears to be grossly low and in the interest of justice it is directed that opposite party should pay a sum of Rs. 800/- (Rs. 500/- for the wife and Rs. 200/- for petitioner No.2 and Rs. 100/- for petitioner No.3). It is made clear that the observation made above is only for the purpose of fixing interim maintenance and while disposing of finally, the Judge, Family Court, should not be weighed down by these observations. This enhanced amount is payable with effect from the month of March, 2001 and the earlier amount calculated at the rate of Rs. 300/- is payable till end of February, 2001. If there is any unpaid amount, the same should be cleared within a period of six weeks from the date of this order. The main case may be decided by the Judge, Family Court, as expeditiously as possible. The writ application is accordingly disposed of. Petition disposed of.