RUTHANI CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Matter taken up via Video Conferencing.

(2.) This application under Art. 227 of the Constitution of India has been filed praying for an enhancement of the monthly maintenance amount being paid by the respondent to the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005. The same has been occasioned, as per the submissions of the learned Senior counsel Ms. T. Yangi B, in view of the fact that the proceedings before the learned Judicial Magistrate First Class, East Garo Hills, had been disposed of by mutual consent on 25/5/2017, leaving her with no other recourse but to come before this Court under Art. 227. She submitted that prior to the order of compromise, interim maintenance of Rs.6,000.00 has been allowed vide order 4/10/2016 by the learned Court of Judicial Magistrate in the said proceeding, but that due to the ignorance and illiteracy of the petitioner, the same amount of Rs.6,000.00 per month had been accepted as a final compromise amount without her understanding the entire implications of the finality of the matter. Learned Senior counsel submits that as the amount was too meagre and that the petitioner besides herself had to support three minor children, and having no recourse has approached this Court for enhancement of the amount.

(3.) Mr. P.T. Sangma, learned counsel for the respondent No. 2 (husband) submits that the respondent is not in a position to increase the amount of maintenance as there are many deductions made in his pay, and further maintains that the amount of Rs.6,000.00 had been agreed upon by mutual consent which has also put an end to the case. He further submits that the application under Art. 227 is not maintainable as alternative remedy is available to the petitioner.