JAYABAN PRADHAN Vs. PREMALATA PRADHAN

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Judgment dtd. 31/3/2016 (Annexure-1) passed by learned Judge, Family Court, Kandhamala, Phulbani in C.R.P. No.76 of 2015 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.5,500.00 per month to the Opposite Party from the date of filing of the application, i.e., from 3/8/2015.

(3.) Mr. Mohanty, learned counsel for the Petitioner submits that admittedly, there is no material on record with regard to income of the Petitioner. During the relevant period, the Petitioner was working as a contractual teacher and his salary was not enough to pay the maintenance as directed. Since the Opposite Party claims maintenance, the burden is on her to prove the income of the Petitioner, which she failed. As such, the finding of learned Judge, Family Court is without any basis and is liable to be set aside.