BOBITA DAS Vs. RANJAN DAS

JUDGEMENT

(1.) This is an application challenging the insufficiency of interim maintenance allowance granted to the wife and the child.

(2.) Affidavit of service filed on behalf of the petitioners is taken on record.

(3.) Learned Counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the wife and the petitioner no.2 is the minor son of the opposite party. The marriage between the couple took place in 2012. Sufficient dowry was given to the husband at the time of marriage. Thereafter, the husband and the in-laws demanded dowry. As the wife was unable to satisfy their demand, they inflicted physical and mental cruelty upon her. There was an even attempt to murder the wife on 07.12.2016. The wife and the child were finally driven out from the wife's matrimonial home. The petitioners have no independent income of their own. On the other hand, the opposite party/husband is an able-bodied man having several properties and businesses. He has hotel, a godown where he conducts wholesale business of raw peanuts. Also, he has sufficient landed properties from where he earns handsome amounts. Presently, the petitioner is earning about Rs.50,000/- per month. Learned Magistrate erred in granting paltry sums of Rs.1500/- each per month in favour of the wife and the child.