Mr. D.Datta vs Mr. T.D.Majumder
2021 Latest Caselaw 1073 Tri

                    HIGH COURT OF TRIPURA
                          AGARTALA
                        Crl. Rev.P./83/2019

                            BEFORE
      HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
For Petitioner(s)   : Mr. D.Datta, Adv.

For Respondent(s) : Mr. T.D.Majumder, Sr.Adv.
                    Mr. T.Halam, Adv.


                              ORDER

10.11.2021 [1] This Criminal Revision Petition is directed against the

judgment and order dated 19.08.2019 passed by the Addl. Judge,

Family Court, Agartala in Misc. 362 of 2018 in a proceeding under

Section 125 Cr.P.C directing the petitioner to pay monthly

maintenance allowance of a sum of Rs.15,000/- to his wife and

Rs.3000/- to his minor son namely Rajbir Poddar w.e.f. 01.08.2019.

[2] Heard Mr.D.Datta, learned counsel appearing for the

petitioner and Mr. T.D.Majumder, learned Sr. Advocate appearing

along with Mr.T.Halam, learned Advocate for the respondents.

[3] It is contended by Mr. Datta, learned counsel of the

petitioner that the Family Court granted a huge sum of money

without taking into consideration the actual income of the petitioner

and his existing liabilities. Counsel submits that other than the

parents of the petitioner, he has a lot of other dependents who

depend on him for their survival. Moreover, the petitioner has

multiple financial liabilities. Therefore, he is unable to pay a sum of

Rs.18,000/- per month for his wife and son from his meager earning.

[4] Mr.T.D.Majumder, learned Sr. Advocate appearing for

the respondents on the other hand submits that the income tax return

of the petitioner were proved before the Family Court which would

demonstrate that his monthly income around 70,000/-. Counsel

refers to the order dated 27.08.2020 passed by this court whereby the

petitioner was directed to pay Rs.10,000/- per month to his wife and

Rs.3000/- to his son during the pendency of this Criminal Revision

Petition and to pay the entire accumulated amount within 01 month.

It is contended by Mr.T.D.Majumder leaned Sr. Advocate, that

despite this specific order passed by this court, the petitioner is not

paying the maintenance allowance to his wife and son regularly.

[5] In view of the above, respondents are asked to submit

the exact figure of the arrears of the maintenance allowance till

31.10.2021. Meanwhile, the petitioner will comply with the order

passed by this court on 27.08.2020.

The matter will be listed on 15.12.2021 for final hearing

and disposal.

JUDGE

Saikat Sarma, PS-II