ANIL DONG Vs. LEELA SHILAL

JUDGEMENT

(1.) THE appeal is directed against the order dated 20.09.2010, passed by the Family Court (South and West Sikkim) at Namchi, in Family Court (Criminal) Case No.8 of 2009, awarding a maintenance allowance of an amount of Rs.5000/- per month for the maintenance of the respondent nos. 1 and 2 herein and petitioner nos. 1 and 2 before the Family Court till further orders, which shall be paid by the appellant (husband) to the respondent nos. 1 and 2 herein, the wife and minor son, by depositing the same in first petitioner's account number 531802010002990 in Union Bank of India, Jorthang, with effect from the date of filing of the application, i.e. 12.02.2009.

(2.) THE Family Court has, in its order dated 20.09.2010 examined PWs. 1, 2 and 3. PW1 is the first petitioner herself, PW 2 who is her neighbour, and PW3 is the brother-in-law of the appellant herein. Apprehending the evidence of PW1, PW2 and PW3, the learned Family Court held that appellant (husband) and the first petitioner were living as husband and wife even though the appellant pleaded the first petitioner is not the legally wedded wife of the appellant and that the respondent no.2 is the 4 year old son born to them.

(3.) WE, therefore, do not find any reason to interfere with the orders passed by the Family Court.