Decided on December 03,2019

Pinki Debnath Appellant
Tapobrata Debnath Respondents


KURESHI,J. - (1.)This petition is filed by the wife of the respondent. She has challenged an order dated 9th March, 2019 pursuant to which her miscellaneous criminal application for maintenance came to be disposed of through settlement recorded by the Lok Adalat.
Brief facts are as under :

(2.)The petitioner had filed Miscellaneous Application No.535/2018 seeking maintenance for herself and minor son aged about 7 years from the respondent-husband. It was in this proceeding, that the parties arrived at a settlement before Lok Adalat inviting an order of monthly maintenance of Rs.8,000/- w.e.f 1st March, 2019. In view of such settlement the Miscellaneous Application No.535/2018 was disposed of. The case of the petitioner is that such settlement was only for the purpose of maintenance payable to the wife and did not include maintenance payable to the minor son for whom also the said miscellaneous application was filed. She, therefore, requests that the miscellaneous application be revived and placed before the concerned Court for decision on merits concerning the claim of the minor child to seek maintenance from the father.
(3.)This petition is resisted by the respondent-husband. His counsel contended that the entire claim raised in the said miscellaneous application was resolved between the parties. The husband had agreed to pay Rs.8,000/- by way of consolidated maintenance for the wife and son. He looks after their daughter aged about 13 years who is residing with him. He has to look after his aged mother which besides being his responsibility in general terms, also flows from his appointment on compassionate grounds which mandates that he will support the widow of the deceased. He pointed out that the gross salary of the respondent for the month of October, 2019 was Rs.35,443/- after deducting loan and other deductions his take home salary was Rs.27,535/-.

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