maintenance allowance @ Rs.4,000/- per
month. The legality of the entitlement of maintenance
allowance and the correctness of the quantum of maintenance
allowance determined ... correct
perspective. It is also contended that the quantum of
maintenance allowance determined by the court below is
disproportionate with the income of the revision
month.
It is to be reminded that while ascertaining the quantum of
maintenance, the Court shall allow the statutory deductions from
the salary ... maintenance, which includes the rent and the educational
expenditure of the daughter.
The Court while awarding the maintenance and ascertaining
the quantum thereof, must bear
ascertaining the capacity of the present
appellant to pay the said quantum of maintenance
amount to the respondents. In this connection, he
made the submission ... respondent No.2. Looking to the
quantum of maintenance amount, we are of the clear
opinion that it is not on the higher side
filed by the petitioner/husband questioning the correctness of the quantum of maintenance ordered by the Judge, Family Court, Puducherry ... meagre salary, therefore, now the question of correctness of the quantum of maintenance awarded by the Lower Court has to be decided by this Court
granted maintenance allowance to the 2nd
petitioner @ 1,000/- per month. The legality of the
entitlement of maintenance allowance and the quantum ... claim for
maintenance would stand confirmed.
6. Coming to the quantum of maintenance determined
by the court below for the 2nd petitioner, it is seen
maintenance allowance under Section
125 of the Code of Criminal Procedure. The legality of
the entitlement of maintenance allowance and the
correctness of the quantum ... wife and child.
6. Coming to the correctness of the quantum of
maintenance allowance, the first respondent admitted
that she is working in a studio
order is liable
to set aside. She further submitted that the quantum of
maintenance is disproportionately high.
Having considered the submission of the learned
counsel ... Magistrate has considered
the evidence on record and had fixed the quantum of
maintenance at the same level as that of the interim maintenance
which
petitioner
takes home is Rs. 22,328/-.
While adjudicating/determining the quantum of
maintenance, the Court shall not take into account the
voluntary deduction allowed ... bear the burden
of two unemployed brothers and, therefore, the quantum
of maintenance awarded by the tribunal is too excessive.
It is undeniable that
deem it fit to enhance the quantum of maintenance. Both the respondents
are school-going children and at present are studying ... unit facing
high competition and recession in the market.
4. The quantum of maintenance granted at the rate of `7,500/-
p.m. for each
month. The legality of the entitlement and
correctness of the quantum of maintenance allowance are
under challenge in this revision petition.
3. Heard the learned ... from the revision petitioner.
7. Coming to the correctness of the quantum of
maintenance allowance, the revision petitioner admitted
that he is a coolly worker
