Jharna Sarkar (Mondal), wife of Sri Pabitra Mondal v. Pabitra Mondal, son of late Kshitish Mondal
2018-06-11
S.TALAPATRA
body2018
DigiLaw.ai
JUDGMENT & ORDER : 1. Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. Dipak Deb, learned counsel appearing for the respondent. 2. This petition filed under Section 19(4) of the Family Courts Act, 1984 has questioned the judgment and order dated 27.02.2017 delivered in Crl. Misc./FC/UDP/49/2016. 3. The petitioner herein filed an application under Section 125(1) of the Cr.P.C. seeking maintenance from the respondent who is the husband of the petitioner. After recording evidence, the Judge, Family Court, Udaipur, South Tripura has determined the quantum of maintenance at Rs.1,000/- per month. The petitioner, being aggrieved by that quantum as determined has approached this court by filing this petition. 4. Mr. Acharjee, learned counsel for the petitioner has submitted that in these days of price rise none can survive with Rs.1,000/- per month to say least of decent living. The petitioner has contended that the respondent has rubber plantation and he earns at least Rs.10,000/- to Rs.20,000/- per month. 5. From the other side, Mr. D. Deb, learned counsel appearing for the respondent has submitted that the respondent is now aged about 60 years and he was working as the mason and earning Rs.4,000/- to Rs.5,000/- per month. Moreover, for last 24 years the petitioner was traceless after she eloped with one person whose name even has not been disclosed by him in the proceeding, though he as deposed OPW No.1. It has been further submitted that assuming that her wife was no more in this world, he married again and in this advanced age he has no steady income as such, Mr. D. Deb, learned counsel has urged for rejecting this petition without enhancing the amount. 6. Having perused the records, this court finds that on 15.02.2017 the respondent was aged about 48 years and that statement has been made before the Judge, Family Court on oath. As such, the contention of Mr. Deb, learned counsel for the respondent that the respondent is 60 years of age is totally unacceptable and hence is discarded by this court. 7. On consideration of all the relevant aspects, the respondent is directed to pay Rs.2,000/- (Rupees two thousand) per month to the petitioner, in the manner as described in the impugned order dated 27.02.2017. In terms of the above, this petition stands allowed to the extent as indicated above. There shall be no order as to costs.