Mr. S.Bhattacharjee vs Mr. Ratan Datta
2021 Latest Caselaw 419 Tri

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                    HIGH COURT OF TRIPURA
                          AGARTALA
                        Crl.Rev.P.No.15 of 2021

For the Petitioner(s)      : Mr. S.Bhattacharjee, Adv.

For the Respondent(s)      : Mr. Ratan Datta, PP
                               BEFORE

          HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY

                                ORDER

26.03.2021

[1] This Criminal Revision Petition has been filed challenging

the judgment and order dated 27.02.2021 passed by the Family Court,

Kailashahar, Unakoti in case no.Crl.Misc.(125)-74 of 2019 granting a

sum of Rs.10,000/- per month as maintenance allowance for the wife of

the petitioner directing as follows:

"10. Situated thus, Rs.10,000/- per month is fixed as monthly maintenance for the petitioner w.e.f. 1st February,2020 and the opposite party is directed to send the amount of Rs.10,000/- per month to the Savings Bank Account of the petitioner, Monorara Begam Choudhury and remit the same within 10th day of every English Calendar month . Remittance charges, if any, shall be borne by the opposite party."

[2] Heard Mr.S.Bhattacharjee, learned advocate appearing for

the petitioner. It is submitted by Mr.Bhattacharjee, learned counsel that

the order was passed ex-parte ignoring the fact that the petitioner was

prevented from appearing in the court by his illness. It is submitted by

Mr.Bhattacharjee, learned counsel of the petitioner that it would be

appropriate to remand back the matter to the trial court with a direction

to the trial court to re-hear the matter providing an opportunity of

hearing to the petitioner husband.

[3] It appears from the record that the petitioner fought the

case in the Family Court for more than a year to obtain maintenance

allowance from the court. Therefore, it would not be appropriate to

remand back the matter to the trial court.

[4] The parties may have their submissions before this court.

The petition be admitted for hearing subject to the condition that the

petitioner husband shall pay maintenance allowance at Rs.4000/- per

month till further order. The same shall be paid by the petitioner to his

wife by depositing the monthly sum of Rs.4000/- in her savings bank

account commencing from 1st March,2021 and the amount for the

month of March shall be paid to the respondent wife within the 7th day

of April and likewise for the forthcoming months.

[5] No order is passed at this stage with regard to the payment

of arrears.

[6] Issue notice to the respondent wife which is returnable on

23.04.2021. It shall be mentioned in the notice that the respondent wife

shall be entitled to free legal aid for conducting her case before this

court. Steps be taken within 3 days.

Call for the LC record.

[7] Copy of this order shall also be enclosed with the notice.

Copy of this order be supplied also to the petitioner free of cost.

Heard Mr. Ratan Datta, learned PP representing the state

respondent.

List the matter on 23.04.2021.

JUDGE

Saikat Sarma, P.A