MINATI BINATI NAYAK Vs. GOURANGA CHARAN NAYAK

JUDGEMENT

(1.) :- Heard learned counsel for petitioner and opposite party.

(2.) Petitioner calls in question legality of the order 12-7-1994, passed by the learned Judge, Family Court, Cuttack, granting maintenance of Rs. 150.00 to the petitioner from the date of order. Alternatively the opposite party was directed to pay lump sum of Rs. 12,500.00 within six months.

(3.) Grievance of the petitioner in this revision application is that the aforesaid order is unreasoned, and even no basis has been indicated by the learned Judge Family Court for fixing the quantum at Rs. 150.00 when the claim was for Rs. 400.00. While fixing the quantum of maintenance, the concerned Court is required to indicate the basis for fixing the quantum at a particular amount. The maximum amount is prescribed in the statute. There must be some reasonable basis for fixing the quantum. Main factor is the income of the person liable to pay. An unreasoned order is practically no order in the eye of law. In fixing the quantum the necessities to be provided to the claimant and the means of the opposite party are to be considered. It cannot be fixed on some hypothesis or abstract consideration.