JOYMALYA BEGCHI,J. - (1.) The order dated 29th December, 2012 directing the husband to pay a sum of Rs. 5,000/- per month to the wife and Rs. 5,000/- per month to the minor son totalling Rs. 10,000/- in all from the date of the order has been assailed by both the parties in the aforesaid two revisional applications.
(2.) In C.R.R. 677 of 2013, the husband is the petitioner and he has assailed the order of maintenance on the ground that the same is illegal in respect of the wife and is disproportionately high in respect of the minor son. Learned counsel for the husband drew my attention to the order dated 16th January, 2013 passed in F.M.A. 605 of 2009 wherein an Hon'ble Division Bench of this Court while disposing of an application for alimony pendente lite by and between the parties in the matrimonial appeal directed a sum of Rs. 8,000/- per month and Rs. 4,000/- per month to be paid to the wife and the minor child respectively. She submitted that her client is paying alimony in terms of the aforesaid order. She further submitted that the wife has independent income of her own as evident from the income tax returns exhibited before the trial Court. She also submitted that the learned Magistrate erred in law in coming to a conclusion that the wife did not have income of her own. She prayed that the impugned order be set aside in respect of the wife and reduced in respect of the minor child.
(3.) On the other hand, the wife has assailed the impugned order in C.R.R. 1418 of 2013. According to her, the husband has an income to the tune of Rs. 45,000/-(as take home salary). Learned counsel for the wife further submitted that the amount of maintenance in respect of the minor son was inadequate and that the fact that the final order in the maintenance proceeding had already been passed fixing maintenance allowance at the rate of Rs. 5,000/- per month for the minor child had not been brought to the notice of the Hon'ble Division Bench. Learned counsel for the wife prayed for enhancement of the maintenance allowance and that the same be paid from the date of the application.;