KHANGEMBAM DAOJI SINGH Vs. YUMNAM NINGOL MEMA

JUDGEMENT

(1.) This appeal as directed against the judgement and order passed by the learned Family Court on 24-9-1993 in Cril (Maintenance) Case No. 20 of 1993. By the aforesaid order, the learned Family Court directed the appellant to pay Rs. 400.00 to the petitioner No. 1 and Rs. 300.00 to the petitioner No. 2. So far with regard in the maintenance cost of the petitioner No. 2 the appellant has no grievances, but with regard to the maintenance cost of Rs. 400.00 to the petitioner No.1, the appellant has grievances.

(2.) On the petition filed by the petitioners 1 and 2 for maintenance, the learned Family Court registered the case as case No. 20 of 1993. On the basis of the petition and written statement, the learned Family Court formulates 3 (three) points for determination. These are :-

(3.) During the trial, the appellant was examined himself as DW-1. He admits that the petitioner No. 1 is his lawfully married wife and the petitioner No. 2 is his only son. He also admits that he is ready to pay maintenance allowance at the rate of Rs. 300.00 for the petitioner No. 1 which he has been giving/paying. The appellant further deposed that he does not like his wife to return to him and so he is ready to give her maintenance allowance as the Court may fix. The appellant, further, deposed that he is ready to give tier maintenance allowance Rs. 200 p.m. On consideration of the deposition of PWs and DWs, the learned Family Court has come to the findings that it will meet the ends of justice if the maintenance allowance is fixed at Rs. 400.00 in respect of the petitioner No. 1 and Rs. 300.00 in respect of the petitioner No. 2 respectively as agreed by the appellant.