DEBI KAR Vs. DEB KUMAR KAR

JUDGEMENT

(1.) This is an application challenging an order dated 10.08.2018 passed by the learned Judicial Magistrate, Barrackpore, North 24 Parganas in M. Case No.329 of 2017 under Section 125 of the Code, thereby granting interim maintenance to the tune of Rs.2,000/- to the petitioner/wife.

(2.) Affidavit-of-service filed by the petitioner is taken on record. Despite service, no one appears on behalf of the private opposite party.

(3.) Learned counsel appearing on behalf of the petitioner wife submits as follows. The petitioner is the wife of the opposite party no.1. She is a cancer patient. Ever since their marriage in 1992, the petitioner was mentally and physically tortured by the opposite party and her family members. In fact, the husband also developed an illicit relation with another woman. The opposite party no.1/husband happens to be a Government licenced electrical contractor and earns more than Rs.90,000/- per month. Although, the petitioner claimed Rs.35,000/- per month towards her maintenance, a paltry sum of Rs.2,000/- was granted as interim maintenance, that too from the date of order. This is too meagre a sum even for the basic sustenance of the petitioner. She has to take medicines valued at more than Rs.2,000/- per month. Reliance has been placed on a Consolidated Account Statement of the NSDL of the opposite party no.1 showing that he has shares valued at more than Rs.42 lakhs as on 31.12.2018. Besides, he has other immovable assets. Although the learned trial court would be in a position to fix the final amount of maintenance after taking evidence, as of now at least a reasonable enhancement of the sum granted as interim maintenance needs to be awarded so that the petitioner can sustain herself.