FILOMENA ALIAS MEENA Vs. ANTHONY MENDES

JUDGEMENT

(1.) By this Petition, the applicant assails the Order dated 3-2-2005 of the learned Sessions Judge, South Goa, Margao, in reducing the maintenance from Rs. 1000/- per month to Rs. 300/- per month.

(2.) The applicant-wife, a widow, married the respondent-husband, a divorcee on 22-9-1999 and after that they stayed together for about a year. It was the case of the applicant that on or about 4-5-2001, the respondent without any cause or reason drove her away from the matrimonial house and also forced her to take away the articles brought by her after preparing a list in the presence of her family members. The applicant with her application dated 9-7-2001 approached the learned J. M. F. C. , Margao, claiming maintenance of Rs. 2000/- per month.

(3.) The learned J. M. F. C. , Margao, by her Order dated 12-1-2004 ordered the respondent to pay maintenance of Rs. 1000/- per month from the date of the application. In making the said Order, the learned J. M. F. C. observed that the applicant had failed to prove that the income of the respondent was Rs. 8000/- per month. At the same time, the learned J. M. F. C. held that the certificate issued by the employer of the respondent showing that respondent's salary was Rs. 1,500/- was not proved by the respondent. However, but since the respondent had admitted that his monthly salary was Rs. 1,500/- per month, the learned J. M. F. G. proceeded to award to the applicant an amount of Rs. 1000/-per month.