AI Structured Summary
Not yet generated for this judgment
Judgment
Deepak Gupta, C.J.—This petition filed by the wife is directed against the Judgment dated 24.04.2013 passed by the learned Judge, Family Court, Agartala, West Tripura in Crl. Misc. 47 of 2011 whereby maintenance @ Rs. 4,000/- per month has been awarded to the petitioner.
It is not disputed by the parties that now the wife is living at her parental home. The wife filed a petition for grant of maintenance and this petition was contested by the husband. After contest, the learned Family Court held that the wife was not at fault and was entitled to maintenance of Rs. 4,000/- per month. This part of the award has not been challenged by the petitioner. The only issue involved in this case is whether the amount of maintenance awarded is just and proper.
The husband in his statement stated that he is a CRPF personnel and is earning Rs. 18,000/- per month. The claimant-wife has been awarded only Rs. 4,000/- per month, which in my view is on the lesser side. True it is that the husband is posted at Chhattisgarh and may have his parents etc. to look after, but it is settled law that the wife would be entitled to one-third of the income of the husband. Since the income of the husband is admittedly Rs. 18,000/- per month, the maintenance amount is enhanced from Rs. 4,000/- per month to Rs. 6,000/- per month.
However, since the husband has been paying the maintenance regularly, this enhancement of Rs. 6,000/- (Rupees Six thousand) will be effective from the month of July, 2014 payable in the month of August, 2014.
The Petition is disposed of.