Ms. M. Pal vs Mr. S. Lodh
2021 Latest Caselaw 76 Tri

                           HIGH COURT OF TRIPURA
                                 AGARTALA

                           Crl. Rev. P. No. 28 of 2020

      For Petitioner (s)       :        Ms. M. Pal, Adv.

      For Respondent(s)        :        Mr. S. Lodh, Adv.

Mr. R. Datta, P.P.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

15/01/2021

[1] Heard Ms. M. Pal, learned counsel appearing under the

instruction of Mr. S. Sarkar, learned appointed counsel of the petitioner

husband.

[2] Heard Mr. S. Lodh, learned counsel appearing for the

respondent wife.

[3] Mr. R. Datta, learned P.P is representing the State

respondent.

[4] By means of this criminal revision petition, the

petitioner has challenged the order dated 14.02.2020 of the learned

Sessions Judge, Khowai, Tripura whereby the learned Sessions Judge

allowed the appeal against the judgment and order of the learned trial

court and asked the appellant husband to pay an amount of

Rs.15,000/- (Rupees fifteen thousand) per month to his wife for

maintenance of herself and her minor son. In addition, the learned

Sessions Judge also directed the husband to pay Rs.1,500/- (Rupees

one thousand five hundred) per month towards rent of the house where

the wife was living along with her child.

[5] This court vide order dated 15.07.2020 modified the

amount of maintenance and asked the petitioner husband to pay

Rs.10,000/- (Rupees ten thousand) per month w.e.f 15.07.2020 as an

interim measure till disposal of the criminal revision petition.

[6] Now it is submitted by Mr. Lodh, learned counsel that

the husband has not paid any amount to the wife towards her

maintenance till date.

[7] It is submitted by Ms. M. Pal, learned counsel

appearing for the husband petitioner that the husband could not pay the

maintenance allowance to his wife since the bank details of the

respondent wife was not available with him.

[8] Mr. S. Lodh, learned counsel has vehemently opposed

the submission of learned counsel of the husband petitioner. Learned

counsel, has however, further furnished the bank details of the

respondent wife to learned counsel of the petitioner today in court.

[9] Mr. Lodh, learned counsel, submits that it needs to be

decided as to whether the interim maintenance, as modified by this

court, shall be paid with retrospective effect or from the date of order,

i.e. from 15.07.2020.

[10] Let the matter be listed on 27.01.2021 for hearing.

JUDGE

Rudradeep