- (1.) THIS first appeal is at the instance of a defendant-husband in a suit for maintenance under the provision of the hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the act) and is directed against the judgment and decree dated 25th September, 2001 passed by the Civil Judge, Senior Division, Seventh Court, Alipore, in money Suit No. 41 of 1997 thereby passing a decree in favour of the plaintiff with a direction for payment of maintenance at the rate of Rs. 3,000/- a month for herself and the minor son of the parties.
(2.) BEING dissatisfied, the defendant-husband has preferred this appeal and at the same time, the plaintiff-wife has filed a cross-objection for enhancement of the amount to Rs. 5,000/- a month. Both the matters were taken up together.
(3.) THE amended plaint cases are as follows: (a) The parties were married on 13th December, 1990 according to Hindu rites and in the said wedlock, a male child was bom on 15th March, 1992. The said son was under the care and custody of the plaintiff since 15th August, 1993, when the plaintiff was beaten and driven out along with her child from the house of the defendant. (b) The plaintiff was subjected to inhuman physical and mental torture in her matrimonial home and ultimately, on 15th August, 1993, she was ruthlessly beaten by the defendant and was compelled to take shelter sometime in her brother's house, and occasionally, in the house other parents. (c) The plaintiff had no means of her own to maintain herself and her son, and was fully dependent upon her poor father and the charity of her near relations. The defendant was neither maintaining the plaintiff nor the minor child save and except the monthly payment of Rs. 350/- pursuant to an order passed in a criminal proceeding under section 125 of the Code of Criminal Procedure vide the case no. 510 of 1993 which was pending in the First Court of Judicial magistrate, Alipore. (d) The defendant is a permanent employee of Calcutta Port Trust and his salary was Rs. 10,438/- a month. The plaintiff, therefore, was entitled to get permanent maintenance of Rs. 5,000/- a month for herself and her son. ;