DHANIRAM PURI Vs. RASHESWARI PUN

JUDGEMENT

(1.) The petitioner has assailed the order passed by the learned Sub- divisional Judicial Magistrate, Bargarh, granting maintenance to the opposite party No. 1 Rasheswari Pun and the opposite party No. 2 Fotu Pun, who admittedly are the wife and the daughter respectively of his, at the rate of Rs. 100/- per month to the opposite party No. 1 and Rs. 50/- per month to the opposite party No. 2 from the date of their application for maintenance after accepting the case of the opposite parties that the opposite party No. 1 with her child was left at the residence of her parents uncared for, after she suffered from paralysis and received some Dhaniram Pun Vs. Rasheswari Pun and another The needs and requirements of the claimants for a moderate living, the earnings of the person from maintenance is claimed and his capacity to earn and his commitments are relevant factors while determining the quantum of maintenance. medical treatment in Madhya Pradesh and the petitioner took another lady in marriage and having means to maintain his wife and child (opposite parties), who were unable to maintain themselves, failed to maintain them.

(2.) Having perused the evidence and upon hearing the learned counsel for both the sides, I find that the findings recorded by the learned Magistrate based on evidence that the petitioner had deserted the opposite parties and had failed to maintain the opposite parties who were unable to maintain themselves, although he had means to maintain them, cannot be challenged as unreasonable or unfounded and no interference by this Court in its revisional jurisdiction is called for.

(3.) While Mr. Mohanty has submitted that the quantum of maintenance for each of the two opposite parties has been very heavy and unreasonable, Mr. Misra has contended that it is not. The opposite parties are residents of a village where the costs of living are comparatively cheaper than in the cities and towns. The needs and requirements of the claimants for a moderate living, the earnings of the person from whom maintenance is claimed and his capacity to earn and his commitments are relevant factors while determining the quantum of maintenance. Shrimati Gheti Dei v. Hemanta Kumar Sahu1 and Raibari Behera v. Nangaraj Behera2. Upon a consideration of the evidence with regard to the income of the petitioner and considering the needs and requirements of the opposite parties, I am of the view that it would be just and reasonable to grant maintenance at the rate of Rs. 80/- per month for the opposite party No. 1 and Rs. 30/- per month for the opposite party No. 2 from the date of the application. While I would accept the finding recorded by the learned Sub-divisional Judicial Magistrate that the opposite parties were en. titled to maintenance the quantum of maintenance for each of them is reduced as indicated above. The revision is accordingly allowed in part.