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2019 Supreme(Tri) 28

ARINDAM LODH
Sheuli Begam, W/o Md. Kanu Miah – Appellant
Versus
Md. Kanu Miah S/o Md. Ahad Miah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Samarjit Bhattacharjee, Adv.

JUDGMENT :

Heard Mr. Samarjit Bhattachajee, learned counsel appearing for the petitioners. Though, notice upon the respondent was properly served, he has not appeared before this Court today. Since the matter relates to determination of quantum of maintenance allowance, on the basis of the materials available in the records, I have proceeded to dispose of the case.

2. The brief facts are that, the petitioner-wife being tortured and deserted by her husband, namely, Md. Kanu Miah was compelled to take shelter at her parental house. Since the respondent-husband did not take any interest to take the petitioner-wife back to his house, she had filed petition claiming appropriate maintenance for herself and their only son commensurate to the living standard and income of the respondent.

3. Mr. Bhattacharjee, learned counsel has submitted that the petitioner-wife also had filed a case against her husband Md. Kanu Miah under Section 498A of the IPC. In the maintenance case, learned Family Judge had recorded evidence of the petitioner-wife and after perusal of the orders, learned Judge found that the statements of the witnesses deposing on behalf of the petitioner were consistent to each other.

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