IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.873 of 2009
1. Shama Yasmin, wife of Faizi Abdul Qadir Shahidi, D/o
Samsuddin Ahmad
2. Raina
3. Faina
(Both are daughters of Faizi Abdul Qadir Shahidi and minor
daughters under the guardianship of their mother Shama Yasmin
and all resident of 20 Mecleod Street, P.S.-Park Street, Kolkata-
700017 (W.B. at present C/o Azeezul Hassan, Choudhary
Mohalla, Katihar, P.S. & District- Katihar)
Versus
Faizi Abdul Qadir Shahidi, son of Late...., resident of Mecleod
Street, P.S.-Park Street, Kolkata, 700017 (W.B.)
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3. 22-07-2011 The wife and children of the opposite party
have preferred this revision application under Section 19
(4) of the Family Courts Act, 1991 against the order dated
17.03.2009 passed by the learned Principal Judge I/c,
Family Court, Katihar under Section 125 (i) of the Cr.P.C.
in Maintenance Case No.61 of 2007 granting a sum of
Rs.1500/-per month to the petitioner no.1, Rs. 500/-per
month each to the petitioner nos. 2 and 3 as interim
maintenance to be paid by the opposite party.
Heard Mr. Nawal Kishore Singh, learned
counsel for the petitioners and Mr. Prakash Chandra Jha,
learned counsel for the opposite party.
The main contention of the learned counsel for
the petitioners is that admittedly the petitioners are the wife
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and minor children of the opposite party. The petitioners
are unable to maintain themselves, whereas, the opposite
party has sufficient means. According to the petitioners,
income of the opposite party at that time was not less than
Rupees one lac per month. The amount of maintenance is
insufficient and the maintenance amount should be
enhanced. The petitioners are unable to maintain
themselves with this meagre amount of ad interim
maintenance.
Learned counsel for opposite party submits that
the impugned order has been passed as interim maintenance
and the main case is still pending and the opposite party is
ready to cooperate with the court for final disposal of the
case and the main case itself may be disposed of within a
period of three months and the opposite party will fully
cooperate with the court.
After hearing the learned counsels for both the
parties and in view of the undertaking given by the opposite
party, it appears that it will be better that the final order in
the maintenance case should be passed at an early date.
Both the parties are directed to cooperate with the learned
Principal Judge, Family Court, Katihar in final decision in
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the maintenance case no.61/07, the learned Principal Judge
will take necessary steps for disposal of the maintenance
case finally within a period of three months.
With this direction, this application stands
disposed of.
V.K. Pandey ( Amaresh Kumar Lal, J.)