RITA DEVI PRASAD Vs. SAMBHUNATH PRASAD

JUDGEMENT

(1.) Order dated 26th March, 2013 passed by the learned Additional Sessions Judge, 1st Court, Siliguri modifying the order dated 1st October, 2011 passed by learned Judicial Magistrate, 1st Court, Siliguri and directing payment of maintenance at the rate of Rs.2,000/ -per month to the opposite party/wife and Rs.2,000/ - per month to the unmarried daughter has been challenged on the ground of inadequacy. Initially, order of maintenance was passed in favour of the petitioner/wife directing maintenance allowance at the rate of Rs.2,000/ - per month to herself and a sum of Rs.2,000/ - per month to the unmarried daughter. By the order dated 1st October, 2011 the quantum of maintenance was enhanced. The opposite party was directed to pay maintenance at the rate of Rs.3,000/ - to the petitioner and a sum of Rs.3,500/ - to the unmarried daughter. In revision, the revisional Court by the impugned order dated 26th March, 2013 modified the order passed by the learned Magistrate and reduced the maintenance to Rs.2,000/ - per month each for the petitioner/wife and the unmarried daughter.

(2.) Learned counsel for the petitioner submits that there has been escalation in the income of the husband and that the order of maintenance also required to be enhanced due to economic necessities of the petitioner/wife and her daughter.

(3.) Learned counsel for the opposite party/husband submitted that the unmarried daughter was employed and that the income of the husband had not been taken into consideration. I have considered the materials on record in the light of the rival submissions. I find that the initial order of maintenance was passed long ago. In the meantime, admittedly the income of the husband has enhanced. There is also corresponding increase in the price index in society.