The main legal point established is that under Section 125 of Cr.P.C. and related precedents, a husband has a legal obligation to provide adequate maintenance to his wife and children, including meeting educational expenses.

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. Despite reasonable opportunities being afforded, the husband-respondent did not adduce any evidence.

4. It is proved by way of documentary evidence that the husband-respondent is an under-graduate teacher and has been serving as a primary school teacher under the State-Government. The undisputed gross salary of the husband-respondent is Rs.46,175/- as on 31st November, 2018. Initially a sum of Rs.4,000/- was granted by the learned Family Judge as maintenance vide order dated 03.02.2016. Subsequently, another application was pressed before the learned Family Judge for enhancement of said maintenance allowance keeping in mind the income of the respondent. But, the learned Judge, Family Court only enhanced the said maintenance allowance only by Rs.1,000/- (Rupees one thousand) only which according to her is very meager compared to the income of the respondent. Hence, being aggrieved, she has filed the present criminal revision petition to award appropriate maintenance to enable herself and the son to lead a dignified life.

5. Mr. Bhattacharjee, learned counsel addressing this Court has submitted that the petitioner is the legally married wife of the respondent and that the petitioner indisputably has no source of income, other than the maintenance allowance and she along with her grown up son has been staying at a rented house. The only son, namely, Riyaz Choudhury was born out of their wedlock has just attained the age of majority. The son is prosecuting his study in Automobile Engineering course in the Industrial Training Institute (in short, ITI), Tripura. It has become absurdly impossible to maintain themselves with the additional expenditure she needs to incur for the study of her son. Recently, the petitioner had to spend a sum of Rs.64,000/- and odds for her treatment and for that purpose she had to take loan which also she has to repay. It is further submitted that the respondent, apart from his income as a teacher, undertakes private tuition and possesses huge farming land where he cultivates paddy and seasonal crops and generates more income.

6. In the present petition, before this Court, it is the grievance of the petitioner that learned Family judge after hearing the parties only enhanced the amount by Rs.1,000/- and at present, the petitioners are getting maintenance allowance @ Rs.5,000/- per month. But the amount being meager in the present days and when his son is prosecuting his studies in engineering course, the petitioner-wife has to incur more expenditure and for this she prays for enhancement of the maintenance allowance.

7. In T. Vimala and ors. Vs. Ramakrishnan Crl.R.C. (MD) No.180 of 2014 decided on 24 June 2016, the learned Judge of the Madras High Court has held that every father is bound to provide good education to his children