Maintenance must be reasonable based on payer's financial situation while ensuring adequate support for dependents.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. Pulak Saha, learned counsel appearing for the appellant as well as Mr. D. Biswas, learned counsel appearing for the respondent.

2. This is an appeal filed under section 19 of the FAMILY COURTS ACT , 1984. It arises from the judgment dated 17.01.2020 delivered in Title Suit (Divorce) 50 of 2018 by the Judge, Family Court, Kailashahar, Unakoti Judicial District dissolving the marriage between the appellant and his wife.

3. Brief fact of the case is as under:

Marriage between the respondent husband and appellant wife was solemnized in the year 2009 as per Hindu Rites and Customs. In their wedlock, a daughter namely, Rima Datta was born. The respondent is a contractual teacher serving under the Department of Education. The appellant stated in her petition that after five months of peaceful conjugal life, her respondent husband and his parents started making illegal demand of dowry to which she denied and as a result she was subjected to torture by her respondent husband and his parents. This apart, she was often blamed for her dark complexion and ugliness. The appellant wife was also subjected to torture by her respondent husband at the administration of his parents and relatives for giving birth to a female child. The appellant wife for the welfare of her and her daughter kept silent. One day in March, 2014, husband of the appellant after consuming alcohol tortured her and for this reason she took shelter in her parental house to save her life and her minor child. After 4/5 days, the appellant wife returned to her matrimonial home with her brother and sister-in-law. The appellant thereafter started living in a rented house at Kumarghat believing her husband who promised to maintain her and their child and visit therein once or thrice a week. But, the respondent husband neither bear the expenses for maintenance nor he visited the rented house where his appellant wife and their child were residing. Failing to bear the day to day expenses, the appellant wife was compelled to live in her matrimonial home. Lastly, on 24.06.2018, husband of the appellant wife brutally tortured her and ousted her and their child. In order to save the lives of her and her daughter, the appellant took shelter in the house of her brothers.

4. The appellant filed an FIR in Manu Police station which was registered as Manu P.S. case No.34 of 2018 to which the police subsequently filed charge sheet against the respondent husband.

5. The respondent husband then filed an application before the Family Court, Unakoti Judicial District with a prayer for granting divorce on the ground of cruelty.

6. The trial court had taken initiative for reconciliation of their dispute. When the efforts failed, the learned Family Judge took up the case for trial and framed the following issues:

(i) Whether the petition is maintainable in its present form and nature.

(ii) Whether the husband-petitioner Sri Sukanta Datta was subjected to cruelty by the wife-respondent Smt. Rupali Paul?

(iii) Whether in the Month of June, 2016 the respondent had deserted the petitioner?

(iv) Whether the petitioner is entitled to get decree of divorce on the ground of cruelty and desertion?

(v) Any other relief/reliefs parties are entitled to?

7. In the course of trial, the husband examined himself as PW-1 and two other witnesses namely, Smt, Krishna Datta and Sri Balaram Deb as PW-2 and PW-3 respectively. The wife on the other hand examined herself as DW-1 and another witness namely, Sri Prasenjit Paul as DW-2.

8. On appreciation of evidence, the trial court held that the respondent-wife (appellant herein) has assaulted the petitioner (respondent he