BABRU BAHAN KUMBHKAR Vs. KALYANI KUMBHAKAR

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder the judgment/order dated 15.03.2019 passed in O.M. No. 36 of 2017 by Principle Judge, Family Court, Seraikella-Kharsawan has been assailed by which the maintainable allowance of Rs. 4000/- per month has been granted to the petitioners by directing the Opp. Party to pay maintenance per month to the petitioner no. 1 from the date of filing of the petition and the Opp. Party shall make payment of the said maintenance amount to the petitioners on or before 10th of every English calendar month.

(2.) Learned counsel for the petitioner at the outset has argued out the case on the ground of quantum of maintenance, which is the subject matter of adjudication by the trial Court by way of point no. (iv), on the ground that the petitioner is old person and is also keeping other two children of the petitioner (respondent no. 1 herein) and there is no independent source of income, save and except, some piece of land, which is also not cultivable and therefore, the amount of maintenance of Rs. 4000/- is highly excessive.

(3.) This Court before scrutinizing the finding recorded with respect to the issue of quantum, deem it fit and proper to refer certain factual aspects, which are necessary for adjudication of the issue: