Rekha and Others vs Mantosh

Sanjay K. Agrawal, J.�In an application filed by the applicants wife and minor son, the Family Court, Durg, has partly allowed the application and directed that non-applicant will pay Rs. 200/- to applicant No. 2-son and partly rejected the application so far as it relates to applicant-No. 1-wife is concerned, therefore, the applicants have preferred this revision challenging the aforesaid order. Shri Uttam Pandey, learned counsel appearing for the applicants confines his revision by seeking enhancement of maintenance amount to the applicant No. 2 and submits that the amount of Rs. 200/- granted by the Family Court is shockingly on lower side which deserves to be suitably enhanced.

On the other hand, Shri DN Prajapati, learned counsel appearing for the non-applicant would submit that non-applicant is a labourer and not having sufficient means to pay the maintenance amount to the applicant No. 2.

I have heard the counsel appearing for the parties and considered the rival submission made therein.

The Family Court has granted Rs. 200/- only to the minor son, aged about 14 months at the time when the order was passed. Considering the need particularly food, clothing and schooling and further considering the cost of living, the maintenance amount of Rs. 200/- as granted by the family court cannot be said to be just and proper amount of maintenance to the applicant No. 2. Considering the fact and circumstances of case and taking into account the need of minor for food, clothing and schooling and the amount needed to grow a child, a sum of Rs. 2000/- per month would be just and fair maintenance amount. Accordingly, it is directed that from the date of this order, the applicant No. 2 would be entitled for Rs. 2000/- in place of Rs. 200/- as granted by the family court, per month as maintenance allowance from non-applicant-husband, till he attains the age of majority, and thus, the revision in respect of applicant No. 1 is dismissed and with respect to applicant No. 2, the revision is partly allowed to the above extent. No order as to cost.