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2014 Supreme(Sikk) 95

SUNIL KUMAR SINHA
Moutushi Datta – Appellant
Versus
Surpratim Datta – Respondent


ORDER

1. Petitioner, wife of the respondent, has been granted Rs. 20,000.00 (Rupees twenty thousand) per month as maintenance for herself and her daughter vide impugned order dated 19-2-2014 passed in Family Court Case No. 46 of 2013, by Family Court, East and North Sikkim at Gangtok. She has filed this petition for enhancement of the said amount.

2. It is undisputed that the petitioner is the legally wedded wife of the respondent, their marriage was solemnized on 3-2-2006, they have a female child aged about 5 years and the child is living with the petitioner.

3. The Family Court has held that the petitioner (wife) and her daughter were entitled to get maintenance u/s. 125 of the Code of Criminal Procedure. So far as quantum is concerned, the Family Court, looking to the monthly income of the respondent, has held that Rs. 20,000.00/- per month would be adequate for the petitioner and her daughter, thus, the said amount has been awarded.

4. The respondent has not filed any Revision against the impugned order passed by the Family Court, however, it was brought to the notice of this Court that a proceeding for divorce u/s. 13 of the Hindu Marriage Act, 1955 is pending before the concern










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