SOMA GHOSH, WEST TRIPURA Vs. AMAR GHOSH

JUDGEMENT

(1.) THIS revisional application under Section 19(4) of the Family Courts Act, 1984 is directed against the Judgment & Order dated 10.07.2009 passed by learned Judge, Family Court, Agartala, West Tripura in Misc. Case No. 283 of 2008 under Section 125 of Cr.P.C.

(2.) HEARD learned counsel Mr. T.K. Deb for the petitioners and learned counsel, Mr. A. Ghosh for the respondent.

(3.) MARRIAGE between the petitioner and the respondent is not in dispute. It is also not in dispute that the minor Priya Ghosh is the daughter of the petitioner and the respondent. The learned Judge, Family Court by impugned judgment granted maintenance @ Rs. 800/ - per month to the minor daughter to be paid by the respondent -husband, but rejected the prayer of the petitioner -wife on the ground that the petitioner -wife used to leave the house of the husband off and on without even informing the respondenthusband or his other family members. It is an admitted position that the petitioner -wife with the minor daughter Priya Ghosh living apart from the respondent -husband and she has no independent source of income to maintain herself and the minor daughter. It is also an admitted position that the respondent -husband is a driver by profession and is engaged in driving of private vehicles. The petitioner stated nothing in the petition as to what is the monthly income of the respondent -husband from the source of driving nor the respondent -husband also stated anything as to what is his monthly income from the source of his employment as driver.