LAWS(GAU)-2019-1-45

RUPAK CHOWDHURY Vs. STATE OF ASSAM AND ANR

Decided On January 22, 2019
Rupak Chowdhury Appellant
V/S
STATE OF ASSAM And ANR Respondents

JUDGEMENT

(1.) Heard Mr. K.M. Haloi, learned counsel for the revision petitioner. Also heard Mr. K. Bhattacharjee, learned counsel appearing for and on behalf of the respondent No.2.

(2.) The present revision petition has been preferred against the order dated 14.02.2017, passed by the learned Principal Judge, Family Court No.1, Kamrup at Guwahati, in Misc. Case No.378/2016, whereby the monthly maintenance to the son of the petitioner has been enhanced from Rs.2000/- to Rs.5000/-.

(3.) To make a brief of the matter it can be seen from the record that owing to the marital dispute between the parties, there was divorce in between them as on 03.10.2013, as per order and decree in F.C. (Civil) No.473/2008, under Section 13 of the Hindu Marriage Act. The present petitioner paid Rs.5 lacs to the respondent as a permanent alimony. At the relevant point of time, there was another petition pending before the same Family Court praying for maintenance for the respondent/wife as well as her minor son which was also disposed of on 10.09.2013, in F.C. (Crl.) No.22/2009 (prior to disposal of the divorce case), where in the learned Trial Court grant the maintenance of Rs.2500/- to the wife and Rs.2000/- to the minor child of the parties, by its order.