B.Rajalaxmi And ANR. v. Shri K.M.Ramesh
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
CRR/22/2023 Smti. B. Rajalaxmi & Another ...Petitioners Vs.
Shri K.M. Ramesh ... Respondent Mr. Arul Prasanth ... for the Petitioners October 16, 2023 [M.A.Mobin] Item No.15 Affidavit of service filed on behalf of the petitioners is taken on record. It appears that the service was effected upon the respondent through Director General of Police, Port Blair. None appears on behalf of the Respondent. The instant Criminal Revision has been preferred against the order dated 23rd December, 2022 passed by the learned Judge, Family Court, Andaman & Nicobar Islands, Port Blair in a proceeding under Section 127 of Cr.P.C. Initially an order of maintenance was passed by the concerned Magistrate under Section 125 Cr.P.C. directing the husband to pay maintenance amounting to Rs.2,000/- towards the wife and Rs.4,000/- towards the daughter. Several occasions the amount of maintenance was not paid regularly by the husband. Thus the petitioner/wife has to proceed before the Hon'ble Court quite some occasions. However, one application under Section 127 Cr.P.C. was
made for enhancement of the maintenance amount. The learned Judge, Family Court has heard the matter and directed the husband/Respondent to pay Res.10,000/- per month to his wife and Rs.13,000/- per month to his daughter. It was directed by the learned Family Court that the pay of enhanced maintenance shall take effect from the date of passing of the order. Against the said order the instant Criminal Revision has been preferred. Learned Advocate for the petitioners submits that the present petitioner no.1 is a destitute wife and her daughter was studying at Class XII Standard. So he submits that the award of maintenance may be enhanced to at least Rs.30,000/- per month.
Heard the learned Advocates. Perused the materials on record. It appears that the learned Family Court has considered the entire facts and circumstances and passed the order ex parte. In considering the materials I think it necessary to observe that the order of enhancement of maintenance passed by the learned Family Court is quite justified. However, the order for enhancement should be taken effect from the date of filing of the application i.e. from October, 2019. Accordingly, the order passed by the learned Judge, Family Court is hereby modified; other portions of the order impugned would be unaltered.
It is the submission of the learned Advocate for the petitioners that the respondent is not willfully appearing before this Court on several occasions. He has adopted the
same dilatory practice.
He further argued that the respondent/husband is working at Andaman & Nicobar Police Department.
Considering the submission and considering the fact that the present petitioner no.1 being the deserted wife and the petitioner no.2 being the student studying in Class XII, the Director General of Police, Andaman & Nicobar Islands is required to make such necessary provisions so that the awarded enhanced maintenance in favour of the petitioner nos. 1 and 2, totaling of Rs.23,000/- be paid directly to the account of the petitioner no.1 as follows:- "B. RAJALAXMI, SBI ACCOUNT No.30678979750 PORT BLAIR BRANCH IFSC: SBIN0000156"
It would be deducted from the monthly pay of the respondent regularly.
The respondent is further directed to pay the arrear maintenance by six equal installments within six months. Accordingly, the instant CRR 22 of 2023 is disposed of. Let a copy of this order be served upon the Director General of Police through the learned Registrar, High Court, Circuit Bench at Port Blair for his perusal and necessary compliance.
(Subhendu Samanta, J.)