JAHANARA BEGUM, W/O MD. RUSTOM ALI BHUYAN, D/O LATE AKBAR ALI, RESIDENT OF VILLAGE Vs. STATE OF ASSAM & ANOTHER

JUDGEMENT

(1.) - This criminal revision petition under Sec. 401 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner against the order dated 6.10.2015 passed by the learned Principal Judge Family Court No.II, Kamrup Guwahati passed in Misc. Case 316/2014 U/S 127 Crimial P.C. whereby the learned Principal Judge has directed the opposite party no.2 to pay the enhanced maintenance of Rs.2500.00 per month to the petitioner (from Rs.1750.00) with effect from the date of passing of the order.

(2.) The petitioner filed a F.C (Crl.) 67/1994 in the Court of Principal Judge Family Court Kamrup Guwahati claiming maintenance from her husband respondent U/S 125 Crimial P.C. At the time of filing the case she carried pregnancy of seven months and thereafter a male issue was born to her which was fathered by the opposite party no.2. The claim of the petitioner and her son was contested by the opposite party no.2. However, after long litigation i.e. after fighting upto the Apex Court for her maintenance the petitioner and her son were granted maintenance and ultimately petitioner and her son were getting maintenance of Rs.3,500.00 per month till her son attained majority. When son of the petitioner attained majority the opposite party no.2 filed application to stop maintenance and accordingly as per order dated 12.5.2014 of the learned Principal Judge, Family Court stopped the maintenance to the child and petitioner has been receiving maintenance of Rs.1,750.00 only for herself from 12.5.2014.

(3.) Thereafter the petitioner filed Misc. Case No. 316/2014 in F.C.(Crl)67/94 on 21.4. 2015 for enhancement of maintenance from 1,750.00 to Rs.7280.00 per month with effect from filing the petition on the ground that the petitioner being a house wife having no source of income and she is unable to maintain herself with an amount of Rs.1750.00. On the other hand, the opposite party is a Lot Mandal having salary of Rs. 29,120.00 per month and his family consist of two sons one of which turned major and his 2nd wife. That apart, the opposite party is stated to have landed property and from which he earned Rs.50,000.00 per month.