MANISHA DEB DUTTA Vs. DEBU DUTTA

JUDGEMENT

(1.) Heard Mr. Dripta Pratim Ghosh, learned counsel appearing for the petitioners as well as Ms. S. Deb Gupta, learned counsel appearing for the respondent.

(2.) By means of this petition, filed under Sec. 19 (4) of the Family Courts Act, 1984, the impugned judgment and order dtd. 19/12/2017 passed in Miscellaneous 393 of 2016 by the Judge, Family Court, Agartala, West Tripura has been challenged.

(3.) The said order dtd. 19/12/2016 has been passed in a proceeding under Sec. 127 of the Cr.P.C. for enhancement of maintenance allowance for the change in the circumstances. The Judge, Family Court has enhanced the maintenance allowance from Rs.6,000.00 to Rs.6,800.00. By the order dtd. 12/6/2013 passed in Case No. Miscellaneous 185/2011 the maintenance allowance to the extent of Rs.6000.00, to the petitioners No.1 and 3, that amount has been enhanced, but, since the petitioner No.2, namely Ms. Jewel Dutta has attained majority no enhancement in respect of her maintenance is held to be not sustainable. The person who has crossed the age of minority (18 years) is entitled to get maintenance under Sec. 125 (1) of the Cr.P.C., as the entitlement relating children is prefixed by the word 'minor'.