High Court Patna High Court - Orders

Prabhawati Devi vs Janateshwar Sharma on 19 July, 2011

Patna High Court – Orders
Prabhawati Devi vs Janateshwar Sharma on 19 July, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CR. REV. No.1127 of 2009
                  Prabhawati Devi, wife of Sri Ramayan Sharma, permanent resident of
       Bijauli, P.S.-Rajpur, District- Buxar, at present resident of Viratnagar, Buxar,
       West of Government Buniyadi School, Buxar, P.S.-Buxar Town, Ward No.6,
       District- Buxar.
                                                     Versus
                 Janateshwar Sharma, son of Sri Ramayan Sharma, presently resident of
       Viratnagar, Buxar, West of Government Buniyadi School, Buxar, P.S.-Buxar
       Town, District- Buxar.
                                                  -----------

4. 19.07.2011 The petitioner has preferred this revision

application against the order dated 28.06.2008 passed by learned

Principal Judge, Family Court, Buxar in Maintenance Case No.9

(M)/2006 by which the petitioner has only been granted

Rs.700/-per month as maintenance from her son, opposite party.

Heard Mr. Sanjay Kumar, learned counsel for the

petitioner and learned A.P.P. for the State. No one appears on

behalf of opposite party even after service of notice.

The main contention of the learned counsel for the

petitioner is that opposite party namely, Janateshwar Sharma is

the only son of the petitioner. He works as Contractor and he

used to take the contract work. He further submits that the

income of the opposite party has not been assessed properly.

Monthly income of the opposite party is Rs.15000/-per month.

P.W.2 is the sister of petitioner, who has stated that the Opposite

party earned Rs.15000/-. P.W. 3 Lalita Devi is the sister in law

of the petitioner, who has stated that opposite party has
2

sufficient means for maintenance of the petitioner. O. P.W. I is

the brother in law (Sala) of the opposite party. He has also said

that the opposite party is only son of his parents. In the cross

examination, he has stated that the opposite party has purchased

land in favour of his sister (the wife of the opposite party) at

Naya Bazar, Buxar. The opposite party lives in the house

constructed at the bank of the canal which had been purchased

by the petitioner. He has further submitted that the maintenance

amount is too meagre for her maintenance. As such, the amount

of maintenance should be enhanced so that the petitioner could

survive.

After hearing the learned counsel for the petitioner

and on perusal of the materials on record, it appears that the

contention of the learned counsel for the petitioner is correct. It

further appears that the amount of maintenance is too meagre for

the subsistence of the petitioner.

Considering the facts and circumstances as stated

above, the amount of maintenance is enhanced to a sum of

Rs.1200/-per month.

With the aforesaid modification in the impugned

order, this petition stands disposed of.

V.K. Pandey                           ( Amaresh Kumar Lal, J.)