LAWS(UTN)-2011-3-202

KM. KAVITA BISHWAS, D/O MAHANAND BISHWAS Vs. MAHANAND BISHWAS S/O RAMCHARAN BISHWAS, RETD. BLOCK DEVELOPMENT OFFICER

Decided On March 31, 2011
Km. Kavita Bishwas, D/O Mahanand Bishwas Appellant
V/S
Mahanand Bishwas S/O Ramcharan Bishwas, Retd. Block Development Officer Respondents

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the order dated 7th October,2010 passed by Judge, Family Court, Nainital in Suit No. 110 of 2007, whereby said Court has directed the Respondent to pay Rs. 2,000/ - per month as an enhanced sum of maintenance to his daughter (present Appellant).

(2.) THIS appeal has been filed by the daughter for further enhancement.

(3.) ADMITTEDLY , the Appellant is daughter of the Respondent, who lives separately with her mother. It is also not disputed that apart from the Appellant, there are other two children of the Respondent, one of whom is a married daughter and another is a married son. The record shows that Smt. Rekha Rani (mother of the present Appellant, and wife of the Respondent) filed separate application for maintenance and she is already getting Rs. 5,000/ - per month from the present Respondent. It is also apparent from the record that the present Appellant initially got an order from the trial Court that she be paid Rs. 300/ - per month. Said order, which was passed in the year 1994, was modified in the year 2001 when on the application of the Appellant, the amount of maintenance enhanced to Rs. 800/ - per month. In the year 2007, the suit in question was filed by the present Appellant for further enhancement, on which the trial Court vide impugned order dated 07.10.2010 enhanced the sum of maintenance to Rs. 2,000/ - per month from the date of order.