Tripura High Court
Sri Titu Roy Son Of Late Nitya Nanda ... vs Smt. Gayatri Malakar (Roy) Wife Of ... on 12 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P.No. 46 of 2019
Sri Titu Roy Son of Late Nitya Nanda Roy, resident of WZ-558,
Padam Basti, Nangal Raya, PS- 62, Pankha Road, Vasisht Park,
Sagarpur, New Delhi-110046
-----Petitioner(s)
Versus
Smt. Gayatri Malakar (Roy) wife of Sri Titu Roy, daughter of Late
Pradip Malakar, resident of village- Durgapur, PO- Paiturbazar, PS
and Sub-Division- Kailashahar, District- Unakoti Tripura, PIN-
799279
-----Respondent(s)
BEFORE
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
For Petitioner(s) : Mr. S.Deb, Sr. Adv.
Mr.K.Debnath, Adv.
For Respondent(s) : Mr. D.Debbarma, Adv.
ORDER
12.11.2021
[1] This Criminal Revision Petition was filed by Sri Titu
Roy challenging the judgment and order dated 10.04.2019 passed by
the Family Court Kailshahar, Unakoti Judicial District in Crl.
Misc.(125)-5 of 2018 whereby the petitioner was directed to pay a
monthly maintenance allowance of Rs.20,000/- to his wife who is
the respondent herein. The petitioner challenged the said order of the
Family Court on various grounds.
[2] During the pendency of the proceeding before this
Court, the Family Court Kailashahar, Unakoti Judicial District by
order dated 17.03.2021 passed in T.S.(Div)24 of 2020 granted a
decree of divorce in favour of the parties and held that as a onetime
settlement between the parties, Sri Titu Roy, present petitioner paid
Rs.10,00,0000/-(ten lakhs) as permanent alimony to his wife Smt.
Gayatri Malakar, respondent herein. It was also recorded by learned
Judge, Family Court, that the petitioner received back her 'Stridhan'
articles. The relevant extract of the said order of the Family Court is
as under:
".....In the result, thereof , the marriage between Sri Titu Roy
an Smt. Gayatri Malakar is herby dissolved from today
i.e.17/03/2021 by a decree of divorce.
As a one time settlement, Sri Titu Roy paid Rs.10,00,000/-(ten
lakh) only as permanent alimony to Smt.Gayatri Malakar.
The wife petitioner also received the Stridhan articles
mentioned in the joint petition as Annexure-A
The joint petition filed by the parties u/s 13B of the Hindu
Marriage Act. 1955 shall form part of the decree..."
[3] Mr.Somik Deb, learned Sr.Advocate appearing along
with Mr.K.Debnath, learned Advocate for the petitioner submits that
since the parties have reached a onetime settlement with regard to
permanent alimony pursuant to the decree of divorce which has been
granted by the Family Court , the present petition filed by Titu Roy
challenging the maintenance order passed by the Family Court in a
proceeding under Section 125 Cr.P.C does not deserve consideration
and the matter may be disposed of accordingly.
[4] Mr.Daniel Debbarma, learned counsel appearing for
the respondent contends that since the decree of divorce has been
granted and alimony has been settled, the matter may be put to an
end.
[5] In view of the facts and circumstances stated above and
the submissions made at the bar, the Criminal Revision Petition
stands disposed of.
[6] Pending application(s), if any, shall also stand disposed
of.
JUDGE
Saikat Sarma, PS-II
