KHAGESWAR BAISHYA Vs. MANOMATI BAISHYA
LAWS(GAU)-2018-5-36
HIGH COURT OF GAUHATI
Decided on May 09,2018

Khageswar Baishya Appellant
VERSUS
Manomati Baishya Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) By this criminal revision petition under Section 401 Cr.P.C. the petitioner has challenged the legality and correctness of the judgment and order, dated 29.04.2017, passed in Misc. Case No. 41(M)/2016 under Section 127 Cr.P.C., by the learned Sub-Divisional Judicial Magistrate (Sadar), Nalbari, whereby the monthly maintenance allowance of total Rs.2800/- paid to his wife/respondent and two daughters is enhanced to Rs. 3000/- for the respondent and Rs. 2500/- each of their two minor daughter (total Rs. 8000/-),per month.
(2.) The petitioner s case, precisely, is that the respondent/his wife has been living separately along with their two daughters for several years. The respondent filed a petition under Section 125 Cr.P.C., claiming maintenance for herself and her two daughters, who are living with her. As per order of the Court of learned S.D.J.M (S), Nalbari, since the year 2012, the petitioner has been paying maintenance @ Rs. 1000/- towards the respondent and @ Rs. 1000/- and Rs. 800/- towards the two daughters respectively. However, on an application filed under Section 127 Cr.P.C., by the respondent, the learned Court below by the impugned order, dated 29.04.2017, passed in Misc. case No. 41(M)/2016, enhanced the maintenance amounts as stated above, on the ground of change in circumstances from the date of the application.
(3.) Mr. S. Chamaria, learned counsel for the petitioner submits that the impugned order is not sustainable in law and fact. Mr. Chamaria submits that the aforesaid enhanced amount of maintenance allowance is disproportionate to increase in his salary since the last enhancement was made in the year 2012 and there is no any such major change in circumstances as claimed by the respondent, which required enhancement in the maintenance allowance. Mr. Chamaria, however, submits that the petitioner has no objection in continuing payment of the maintenance allowances at the old rate or at any new rate, which this Court may deem fit and appropriate.;


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