Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the judgment/order dated 15.03.2019 passed in O.M. No. 36 of 2017 by Principle Judge, Family Court, Seraikella-Kharsawan has been assailed by which the maintainable allowance of Rs. 4000/- per month has been granted to the petitioners by directing the Opp. Party to pay maintenance per month to the petitioner no. 1 from the date of filing of the petition and the Opp. Party shall make payment of the said maintenance amount to the petitioners on or before 10th of every English calendar month.
(2.) Learned counsel for the petitioner at the outset has argued out the case on the ground of quantum of maintenance, which is the subject matter of adjudication by the trial Court by way of point no. (iv), on the ground that the petitioner is old person and is also keeping other two children of the petitioner (respondent no. 1 herein) and there is no independent source of income, save and except, some piece of land, which is also not cultivable and therefore, the amount of maintenance of Rs. 4000/- is highly excessive.
(3.) This Court before scrutinizing the finding recorded with respect to the issue of quantum, deem it fit and proper to refer certain factual aspects, which are necessary for adjudication of the issue: The respondent no. 1 is the daughter-in-law of the petitioner and respondent no. 2 is his granddaughter. The respondents have filed Original Maintenance Case being O.M. No. 36 of 2017 before the Court of Principal Judge, Family Court, Seraikella-Kharsawan praying therein for maintenance amount of Rs. 6000/- per month to each petitioner as maintenance, under the provisions of Hindu Adoptions and Maintenance Act, 1956 (herein after referred to as 'Act 1956'). The petitioner has appeared before the trial Court on being noticed and defended himself by taking a plea that two minor daughters of respondent no. 1 is residing with him, whom the petitioner has been maintaining on the income derived from a chunk of land having an area of 6-7 bighas and further stand has been taken that he is ready to keep the respondents in his house. The learned Family Court has allowed the interim maintenance to the tune of Rs. 3000/- per month vide order dated 18.07.2018 passed in O.M. No. 36 of 2017, against which, the petitioner has filed Criminal Revision, being Cr. Rev. No. 1537 of 2018, which is pending before this Court. The Principal Judge, Family Court, SeraikellaKharsawan has allowed the maintenance application vide order dated 15.03.2019 passed in O.M. No. 36 of 2017 directing the petitioner to pay Rs. 4000/- per month from the date of filing of the petition to respondent no. 1 as maintenance, against which, the present writ petition has been filed under its revisionary jurisdiction conferred under Article 227 of the Constitution of India.;