Partly allowed

Saudamini Pradhan v. Hemanta Pradhan

Orissa HC3 May 2017RPFAM/53/2014

Case brief

AI extract

What is this about?

This revision petition challenged the trial court's award of Rs. 1,500 monthly maintenance as perversely low. The court enhanced the amount to Rs. 2,500 from the date of order and directed payment of Rs. 1,500 retroactively from the application date due to insufficient reasons.

What did the court decide?

Maintenance enhanced to Rs. 2,500/month from today, with Rs. 1,500/month directed to be paid from the date of application.

This RPFAM has been filed by the petitioner challenging the judgment d ated 19.11.2013 passed by the learned Judge, Family Court, Puri in C.R.P. No.1133 of 2011 with a prayer to modify the same by enhancing the amount awarded.

It appears that the petitioner in this case had filed a petition under Section 125 of the Cr.P.C. against her husband claiming maintenance of Rs.3,000/- (rupees thr ee thousand). She had stated in the said petition that her husband was earning Rs.75,000/- to Rs.80,000/- from his rice business and Rs.1,00,000/- from his agricultural land. In the said p roceeding, in the absence of the opposite party-husband a sum of Rs.1,500/- per month was awar ded and the opposite party-husband was directed to pay the amount from the date of order i.e. from 19.11.2013. The petitioner-wife has challenged the same to be perverse, inasmuch as the m aintenance amount awarded is a meager amount of maintenance. The same has been assailed here i n this RPFAM to be unsustainable in the eye of law, inasmuch as it is very hard to maintain on eself in the skyrocketing prices with an amount of Rs.1,500/- per month and as such the mainte nance awarded be enhanced as well as maintenance amount awarded may be directed to be paid fro m the date of application.

Learned counsel for the petitioner submits that since in this case the trial court has not ruled out the fact that the opposite party-husband was earning near about Rs.1,00,000/- per annum from agriculture and Rs.75,000/- to Rs.80,000/- from business, the m aintenance amount awarded was unjust and improper. So also refusal to award the maintenance am ount from the date of application was improper. Hence, the order be modified.

Though generally a court of revision should not interfere with the qua ntum of maintenance, but considering the income of the husband as well as the cost of living, this Court is of the opinion that the amount of maintenance awarded is too meager, as it is di fficult to maintain with such an amount particularly in these days. Hence, the impugned order ws perverse. So also the trial court without any reasons having refused to allow the maintenan ce from the date of application, the same also cannot be sustained. Hence, the order impugned is required to be modified.

Hence, considering the materials on record and also the fact that the petitioners contention has not been rebutted by her husband and the trial court has also not d iscarded the same and the petitioner in her statement in oath has shown the income of her husb and near about Rs.1,75,000/- to Rs.1,80,000/-, this Court modifies the impugned order directin g the opposite party-husband to pay an amount of Rs.2,500/- (rupees two thousand five hundred) per month to the petitioner-wife from today and also pay the maintenance at the rate of Rs.1, 500/- (rupees one thousand five hundred) from the date of application. As it is submitted by t he learned counsel for the petitioner that the petitioner is not getting anything, the petitio ner is at liberty to approach the Executing Court to levy execution of the order of maintenanc e, as modified by this Court vide this order.

Saudamini Pradhan v. Hemanta Pradhan

Case brief

What is this about?

What did the court decide?

Saudamini Pradhan v. Hemanta Pradhan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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