KAILASH MONDAL Vs. JOSNA MONDAL

JUDGEMENT

(1.) THIS appeal has been filed under Section 19 of Family Courts Act, 1984, against the impugned judgment passed under Chapter IX of the Code of Civil Procedure, 1973. In respect of such order, this Court may call for and examine the records of the proceedings of the Family Court for the purpose of satisfying itself as to the correctness or legality or propriety of the order, not being interlocutory and as such the present appeal is not maintainable. However, since the appeal was already admitted on 20.8.1996, we treat it as revision under Section 19(4) of the Act, and decide on merit.

(2.) THE Principal Judge, Family Court, Dhanbad considered claim of Josna Mondal for maintenance @ Rs. 500/ - per month from her husband, Kailash Mondal vide Maintenance Petition No. 50 of 1993 and by the impugned judgment dated 14.11.1995, allowed her claim to get monthly maintenance of Rs. 500/ - with effect from January, 1995. The husband has challenged the said order in the present appeal.

(3.) ON the other hand, the wife was illiterate and unskilled and unless their marriage was dissolved by process of law, in the circumstances of the present case, husband to maintain his wife.