MD. RAFI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the impugned order dated 13th December, 2007 passed in Misc. (Maintenance) Case No. 17 of 2006 by the learned Principal Judge, Family Court, Bhojpur, Ara, the claim of maintenance made on behalf of the opposite party no. 2 for herself and for two minor children, born out of the wedlock of the petitioner and the opposite party no. 2, has been allowed and the petitioner has been directed to make payment of Rs. 1,000/- per month to the opposite party no. 2, being the wife, and Rs. 500/- per month for each of the two children, by way of maintenance, and thereby the petitioner has been directed to pay in all, i.e. Rs. 2,000/- per month to the O.P. No. 2. Learned counsel appearing on behalf of the parties are unanimous in their submissions that there is no dispute of relationship between the petitioner and the opposite party no. 2 and they are legally wedded husband and wife respectively. Further there is no dispute of relationship between the two children and the petitioner. Admittedly, the petitioner has fathered those two children, presently living with the O.P. No. 2.

(2.) Learned Senior Counsel appearing on behalf of the petitioner has assailed the validity and correctness of the impugned order only on the question of quantum of maintenance. According to him, the quantum of maintenance fixed by the learned Principal Judge, Family Court, Bhojpur, Ara is excessive and is required to be reduced/modified.

(3.) Learned counsel appearing for the opposite party no. 2 has opposed the prayer made on behalf of the petitioner. He submits that in view of the present day price rise and inflation, the quantum of maintenance cannot be said to be excessive by any standard, and, according to him, in fact, the quantum of maintenance is required to be enhanced.