Mr. B.N. Majumder vs None
2021 Latest Caselaw 1075 Tri

                               HIGH COURT OF TRIPURA
                                     AGARTALA

                               Crl. Rev. P. No. 47 of 2021

For Petitioner(s)        :        Mr. B.N. Majumder, Sr. Adv.
                                  Mr. Rajib Saha, Adv.

For Respondent(s)        :        None.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

10/11/2021

This criminal revision petition is directed against the

judgment and order dated 10.09.2021 passed by the Family Court,

Agartala in case No. Misc. 83 of 2019 in a proceeding under section 125

Cr.P.C directing the husband petitioner to pay monthly maintenance

allowance of Rs.12,000/- to his daughter Panchami Bhattacharjee.

Mr. B.N. Majumder, learned senior advocate appearing along

with Mr. Rajib Saha, advocate for the petitioner submits that admittedly

among the two children, the son who is the elder child is living with the

petitioner. Petitioner takes care of the maintenance of their son

including his educational expenses. But the daughter is living with her

mother who is the respondent herein. Counsel contends that the mother

is also an earning lady who earns a handsome money every month and

she is quite able to maintain herself and her daughter. Counsel submits

that in view of her income, the Family Court also declined to grant any

maintenance allowance to her. It is contended by Mr. Nandi Majumder,

learned senior counsel that the petitioner father does not deny his

liability in providing maintenance allowance to his daughter. Counsel,

however, submits that in view of his existing liability and number of his

dependents the amount may be reduced to Rs.8,000/- from

Rs.12,000/- during the pendency of the proceeding before this court.

In the given facts and circumstances of the case, I find force

in the submission of Mr. B.N. Majumder, learned senior counsel.

The criminal revision petition stands admitted.

Issue rule returnable within 3 (three) weeks. Steps be taken

by the petitioner for service of notice on the respondents in view of the

report dated 08.11.2021 of the Registry.

The petitioner will be paying Rs.8,000/- per month to his

respondent daughter as monthly maintenance allowance until further

order.

List the matter on 01.12.2021.

JUDGE

Rudradeep