PARTHA SARATHI SHIL, S/O LATE GOPAL CHANDRA SHIL Vs. SHARMILA SHIL, W/O PARTHA SARATHI SHIL; SUBHAJIT SHIL (MINOR), S/O PARTHA SARATHI SHIL

JUDGEMENT

(1.) These two petitions are being disposed of by a common judgment since both of them are directed against the judgment of the Judicial Magistrate, 1st class, Belonia, South Tripura, in Case No. Maint. 05 of 2011, dated 05.03.2013 whereby the petitioner Partha Sarathi Shil has been directed to pay maintenance @ Rs.3000/- per month for his minor son Subhajit Shil through the respondent wife Sharmila Shil. The first petition has been filed by the husband challenging the order of maintenance. The second petition has been filed by Smt. Sharmila Shil on the ground that the order of maintenance should have been made effective from the date when the application for maintenance was filed or in the alternative from the date of passing of the order i.e. 05.03.2013 and could not have been made effective from 1st April,2013.

(2.) It is not disputed that the parties were married to each other. It is also not disputed that the minor Subhajit Shil is a child of the parties from the said marriage. A divorce petition was filed by the husband claiming divorce. He also filed a petition for custody of the minor. Both the petitions were being heard on the same date. On 06.07.2009 a writing was executed by the wife, relevant portion of which reads as follows :-

(3.) On the same date an order was passed in the petition filed by the husband for grant of custody, which reads as follows :