Milan Debnath, wife of Sri Diptimoy Debnath v. Diptimoy Debnath, son of late Abhinash Ch. Debnath
2017-01-24
S.TALAPATRA
body2017
DigiLaw.ai
Judgment and Order : 1. Heard Mr. A. Acharji, learned counsel appearing for the petitioners. None appears for the respondent despite due notice from this Court and making adequate accommodation for such appearance. 2. The petitioners are respectively the wife and the daughter of the respondent and they filed an application before the Judge, Family Court, Udaipur, Gomati under Section 125 of the Cr. P.C. for their maintenance from the respondent as the petitioners were living separately from the respondent for in- congenial domestic climate in the respondent’s home. 3. After recording the evidence, by the judgment dated 30.03.2016, the Judge, Family Court, Udaipur, Gomati has directed that the respondent shall pay a monthly maintenance allowance of Rs. 2,000/- to the minor daughter, the petitioner No. 2 herein and Rs. 500/- to the petitioner No. 1 and thus, the respondent has been obligated to pay the total sum of Rs. 2,500/- per month for maintenance of the petitioners. 4. Being aggrieved by that judgment dated 30.03.2016, this petition under Section 19((4) of the Family Courts Act, 1984 has been filed. 5. Mr. A. Acharji, learned counsel appearing for the petitioners has submitted that the Judge, Family Court has assessed the monthly income of the respondent at Rs. 5,000/- without any basis when the petitioners have claimed that the respondent’s monthly income is about 10,000-15,000/- per month. 6. But there is no evidence in respect of the income of the respondent. Be that as it may, having considered that an able bodied person can earn Rs. 7,000-8,000/- per month in terms of the labour index prevailing in the rural segment of the country, the monthly income of the respondent is assessed by this Court at Rs. 7,000/- per month. 7. Having due regard to this, the income as assessed for quantifying the monthly maintenance, as reflected in the judgment dated 30.03.2016, this Court would by way of interference direct the respondent to pay a sum of Rs. 1,500/- to the petitioner No. 1 and Rs. 2,000/- per month to the petitioner No. 2 w.e.f. 30.03.2016 meaning the total amount of Rs. 3,500/- shall have to be paid by the respondent and such amount shall only be paid to the petitioner No. 1 with whom the petitioner No. 2, being a minor, is residing. 8.
1,500/- to the petitioner No. 1 and Rs. 2,000/- per month to the petitioner No. 2 w.e.f. 30.03.2016 meaning the total amount of Rs. 3,500/- shall have to be paid by the respondent and such amount shall only be paid to the petitioner No. 1 with whom the petitioner No. 2, being a minor, is residing. 8. The arrear maintenance from the date of 30.03.2016 till 31.12.2016 shall be paid by 8th equal instalments along with the usual maintenance allowance which will be payable by virtue of this order w.e.f. 01.02.2017 within the 7th day of every English calendar month. 9. It is made clear that the said maintenance allowance as directed by this Court, shall be remitted to the petitioner No. 1 by means of money order. The money order commission shall be borne by the respondent. However, if the petitioner No. 1 furnishes the particulars of her bank account, the said amount can be remitted directly to her bank account. With these observation and direction, this petition stands allowed to the extent as indicated above. Send down the LCRs forthwith.