Nanda Saha (Goswami), wife of Sri Tapash Goswami v. Tapash Goswami, son of late Matilal Goswami
2018-04-25
S.TALAPATRA
body2018
DigiLaw.ai
JUDGMENT AND ORDER : Heard Mr. D. Bhattacharya, learned counsel appearing for the petitioners as well as Mr. S. Lodh, learned counsel appearing for the respondent. 2. By means of this petition, filed under Section 397 read with Section 401 of the Cr.P.C., the order dated 17.06.2017 delivered in Cr. Misc. 31 of 2017 by the Judge, Family Court, Udaipur, Gomati District has been questioned. 3. This application is converted into an application under Section 19(4) of the Family Courts Act, 1984 and the case registration number shall remain unaltered. 4. There is no dispute that the petitioners are living separately from the respondent and the petitioners filed an application under Section 125 of the Cr.P.C. as they have been refused their maintenance by the respondent. The petitioner No.2 is residing with the petitioner No.1. It has been asserted that the respondent is earning monthly salary of Rs.8,500/- and he has the additional income from other sources. The controversy that has been raised in this petition is that the quantum of maintenance as has been determined by the Judge, Family Court, Udaipur, Gomati District is so inadequate, it would frustrate the very object of the scheme of Section 125 of the Cr.P.C. as no person can even meet the bare minimum need of life. 5. Mr. D. Bhattacharya, learned counsel for the petitioners has submitted that the petitioner No.2 is prosecuting his studies at Class-IX and the educational expenses for him is far more than what has been contemplated by the Judge, Family Court. 6. Mr. S. Lodh, learned counsel appearing for the respondent has submitted that the petitioner No.1 has also some income of her own. But such fact was concealed in the proceeding. 7. Be that as it may, the learned counsel for the parties having instruction have come to a consensus. On the basis of the said consensus, it is directed that the respondent shall pay a sum of Rs.1,500/- (Rupees one thousand five hundred) only per month to the petitioner No.1 and Rs.2,000/- (Rupees two thousand) only per month to the minor child, the petitioner No.2, meaning a sum of Rs.3,500/- (Rupees three thousand five hundred) only per month be paid to the petitioner No.1 within 7th day of every English calendar month w.e.f. 01.06.2017. The arrear that would be entitled to the petitioner shall be paid in 10 equal instalments to the petitioner No.1.
The arrear that would be entitled to the petitioner shall be paid in 10 equal instalments to the petitioner No.1. Payment of arrears in the instalment shall start w.e.f. 01.05.2018. Having observed thus, this petition is allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to the learned counsel for the parties.