Smti.K.Kamala And ORS v. Shri.K.Nageshwar Rao

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/13/2025 Smt. K.Kamala and others Vs Shri. K.Nageshwar Rao Mrs. Anjili Nag, Sr. Adv.

Ms. Anoushka Singh ... for the petitioners April 1, 2025 [AKB] Item No.4 1.

Affidavit-of-service has been filed on behalf of the petitioners. 2.

Mrs. Anjili Nag, learned senior counsel has drawn the attention of this Court to the order dated March 18, 2025. 3.

It appears from the record that notices were sent to the respondent, but the same was refused. The notices were also served upon the learned counsel of the respondent and also the Office Superintendent, Directorate of Shipping Services, Phoenix Bay, Port Blair - 744101, but the respondent did not appear to contest the present proceedings.

4.

The instant application has been filed against the order dated 28.01.2025 passed by the learned Judge Family Court, Port Blair directing the respondent herein to pay a sum of Rs. 4000/- to the petitioner No. 1 being his wife and Rs. 3000/- each to his daughters, petitioner Nos. 2 and 3 as interim maintenance

allowances during pendency of the relevant proceedings before the learned Judge Family Court, Andaman and Nicobar Islands, Port Blair.

5.

The learned senior counsel appearing for the present petitioner has submitted that the said amount is meagre for three persons living in the Islands. Furthermore, the petitioner No.1 has to incur educational and medical expenses for the children and it is very difficult for them to make both ends meet with a sum of Rs. 10,000/- per month. Accordingly, the learned counsel has drawn the attention of this court to the admitted fact, as per the order dated 28.01.2025 wherein the Court holds that the respondent's take home salary is Rs. 54,866/- per month. Learned counsel has further referred to the affidavit of assets filed by the respondent wherein he has admitted that his monthly expenditure is Rs. 25,000/-. The petitioners claim Rs. 29,000/- per month for their interim monthly maintenance amount instead of Rs. 10,000/- per month.

6.

I have considered the materials on record. It appears that respondent did not appear in spite of best efforts taken by the petitioners. However, it further appears that the impugned order did not consider the fact that the children of the petitioner No.1 and the respondent are school going and the petitioner No.1 has to incur certain expenses for their educational and medical costs.

7.

The record further contains certain medical papers showing that the child Ms. K.Pavithra is suffering from certain medical problem. Therefore I find some merits in the submission of the learned senior counsel in this regard and I also hold that the amount of Rs. 10,000/- per month to the petitioners are certainly meagre in view of the present price index.

8.

It is also pertinent that the respondent is a government servant and, naturally, his wife and children should also live their lives in accordance with the status of the respondent. In view of such materials on record I find that the amount of Rs. 10,000/- per month is not sufficient for the petitioners, and accordingly I direct the respondent to pay a sum of Rs. 18,000/- (Rupees Eighteen Thousand only) per month, which is one third of his take home salary, to the petitioners at the rate of Rs. 6000/- each per month as their interim maintenance allowance during the pendency of the relevant proceedings before the learned Judge, Family Court, as aforesaid.

9.

Accordingly, the interim order passed by the learned Judge Family Court dated 28.01.2025 is hereby set aside. The respondent is hereby directed to pay sum of Rs. 18,000/- (Rupees Eighteen Thousand only) per month from the date of filing of present application.

10.

With the above direction this civil revisional application is disposed of.

11.

A copy of this order be sent to the learned Judge Family Court for information.

12.

Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities.

(Apurba Sinha Ray, J.)