DHIRENDRA PURKAYASTHA Vs. SUBHASHINI PURKAYASTHA

JUDGEMENT

(1.) The judgment and order under challenge in the instant proceeding is one passed by the learned Principal Judge, Family Court, Guwahati on an application filed by the present opposite party u/s 125 Cr.PC for maintenance for the petitioner. By the impugned judgment and order the learned court below has granted Rs. 500/- p.m. as maintenance to the opposite party payable by the petitioner herein.

(2.) I have heard Mr. H.N. Sarma, learned senior counsel assisted by Mr. K. Das for the petitioner as well as Mr. M.A. Sheikh, learned counsel for the opposite party.

(3.) Briefly stated the relevant facts are that the opposite party is the step mother of the present petitioner. She was married to the father of the petitioner when he (petitioner) was about 2 years old. Three daughters were born to the opposite party out of the wedlock. The O.P. in her application u/s 125 Cr.PC alleged that after the death of her husband the petitioner started to torture her and ultimately drove her out of the house and took possession of her share of the property left by her husband. Her daughters in the meantime, had been given in marriage and being driven out by the petitioner, she took shelter in the house of one her daughters. She prayed for a monthly maintenance of Rs. 700/- from the petitioner contending that he was a cultivator as well as a business man having landed property with an income of Rs. 2,500/- per month.