PAYAL BANIK (SINGHA) Vs. SANTA SINGHA

JUDGEMENT

(1.) The instant appeal is directed against the order dtd. 2/8/2018 passed by learned Judge, Family Court, Agartala, West Tripura in case No.Misc.47/2018 for enhancement of the maintenance amount.

(2.) Having heard learned counsel for the parties, we are of the considered view that the amount of maintenance awarded by the Court below is abysmally low and needs to be enhanced. Though the petitioner-wife had prayed for a sum of Rs.15,000.00, the Court below, without any justifiable reasons, restricted it to a sum of Rs.3,000.00 each to the petitioner and her minor son. Perhaps, what weighed with the Court was the fact that the husband has to take care of his mother, who apparently is residing with him. But then, the Court forgot that a sum of Rs.3,000.00 to each of the petitioners is too meager for their support. Before this Court, it could not be disputed that the respondent-husband is gainfully employed and is drawing a salary of Rs.28,000.00. He is a Government employee.

(3.) It is alleged that the desertion is willful and that the wife without any justifiable cause is residing separately.