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2020 DIGILAW 353 (CAL)

Bobita Das (Maji) v. Ranjan Das

2020-03-04

JAY SENGUPTA

body2020
JUDGMENT Jay Sengupta, J. - This is an application challenging the insufficiency of interim maintenance allowance granted to the wife and the child. 2. Affidavit of service filed on behalf of the petitioners is taken on record. 3. Learned Counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the wife and the petitioner no.2 is the minor son of the opposite party. The marriage between the couple took place in 2012. Sufficient dowry was given to the husband at the time of marriage. Thereafter, the husband and the in-laws demanded dowry. As the wife was unable to satisfy their demand, they inflicted physical and mental cruelty upon her. There was an even attempt to murder the wife on 07.12.2016. The wife and the child were finally driven out from the wife''s matrimonial home. The petitioners have no independent income of their own. On the other hand, the opposite party/husband is an able-bodied man having several properties and businesses. He has hotel, a godown where he conducts wholesale business of raw peanuts. Also, he has sufficient landed properties from where he earns handsome amounts. Presently, the petitioner is earning about Rs.50,000/- per month. Learned Magistrate erred in granting paltry sums of Rs.1500/- each per month in favour of the wife and the child. 4. Learned Counsel appearing on behalf of the opposite party/husband submits as follows. The allegations made by the wife are absolutely false and concocted. The wife left her matrimonial home along with the minor child on her own. The husband is a mere daily wage earner. As such, it is not possible for the opposite party to pay anything more than what has been awarded. 5. I have heard the submissions of the learned Counsels appearing on behalf of the petitioners and the opposite party and have perused the revision petition. 6. The marriage between the couple and the paternity of the child have not been denied. 7. The petitioner is an able-bodied man who got married and the couple had a child. Some serious allegations of torture and neglect had been levelled by the wife in her application under Section 125 of the Code. The hearing of the main case is still pending. In the meantime, the petitioners would be entitled to a reasonable sum as interim maintenance. Some serious allegations of torture and neglect had been levelled by the wife in her application under Section 125 of the Code. The hearing of the main case is still pending. In the meantime, the petitioners would be entitled to a reasonable sum as interim maintenance. A sum of Rs.1500/- per month only amounts to roughly Rs.50/- per day for an individual. In the present context, this is absolutely insufficient to sustain an individual. 8. Considering the rival submissions and the materials on record available, thus far, it will be fit and proper to enhance the amount of interim maintenance directed to be paid to the petitioners from Rs.1500/- each to Rs.3000/- each per month. Accordingly, I direct that the husband/opposite party to pay monthly interim maintenance allowance to the wife and the child at the rate of Rs.3000/- each. 9. However, the learned Trial Court is requested to conclude the main proceeding under Section 125 of the Code as expeditiously as possible without granting any unnecessary adjournment to any of the parties. 10. With these observations, the revisional application is disposed of. 11. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.