Tripura High Court
Mr. Samar Das vs None on 12 April, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
Crl.Rev. P. No. 14 of 2022
For Petitioner(s) : Mr. Samar Das, Advocate.
For Respondent(s) : None.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
_O_ R_ D_ E_ R_
12/04/2022
Heard Mr. Samar Das, learned counsel appearing for the
petitioner.
This revision petition has been filed under Section-397 read with
Section-401 of the Code of Criminal Procedure, 1973 and Section 19(4) of the
Family Courts Act, 1984 against the judgment and order dated 04.01.2022
passed by the learned Addl. Family Judge, West Tripura, Agartala.
The facts of the case are that the respondents filed one petition
before the learned Family Court, West Tripura, Agartala claiming maintenance
of Rs.20,000/- from the petitioner herein. After receive of notice from the
learned Court, the petitioner appeared before the Family Court and filed written
objection denying all the allegations levelled against him by the petitioner. the
learned Court after hearing the parties and on bear perusing the evidences of of
the witnesses as adduced by the parties, pronounced the judgment and order on
04.01.2022 directing the petitioner herein to pay maintenance of Rs.6,500/- to
the respondents (i.e. respondent No.1 and respondent No.2) herein on every
month from the month of January, 2022. The observations of the court below
are as follows:
"In the result, I am satisfied that the 1st party has proved her case much
to the extent required by law.
The relief awarded to the 1st party and directions to the 2nd party are as
follows:
(a) The 2nd party is accordingly, directed to hand over the 1st party
(minor daughter) an amount of Rs.6,500/- (Rupees six thousand & five
hundred only) every month starting from the month of January 2022 to
be paid by the 7th day of February 2022 and every consecutive months
thereafter.
(b) The 2nd party is directed to send the above amount every month, as
directed above, by way of Money Order or in any other due process,
convenient to both, in the following address:
Address of the 1st Party
Smt. Priyanka Ghosh (Sarkar), W/O Sri Abhijit Sarkar, D/O Sri Kajal
Ghosh, presently residing at Nutanpally, Near Volcan Club, East
Agartala P.S., West Tripura.
(c) The above amount of Rs.6,500/- is fixed considering the basic
requirements of the 1st party and her daughter, which is sufficient at
present compared to the status and earning of the 2nd party.
(d) Any order of interim maintenance, if existing, shall stand vacated
with immediate effect."
The present petition has been filed challenging the order passed
by the learned Court below in fixing the maintenance of the minor child of the
petitioner @ Rs.6,500/- per month and the same has to be paid to the mother
regularly. Though the claim has been made for Rs. 20,000/- but the learned trial
Court has fixed Rs.6,500/- which is in higher side according to the petitioner
and hence, the petitioner has preferred this petition.
On perusal of the record, this Court is not convinced to entertain
the case of the petitioner since, this Court feels that fixing Rs.6,500/- towards
monthly maintenance is reasonable. Further, the learned counsel appearing for
the petitioner has submitted before this Court to reconsider the amount of
maintenance on the ground that the petitioner has lost his job and presently he
is unemployed.
In this context, the petitioner is silent with regard to the earlier
nature of employment, his salary and the termination letter and presently how
he is surviving in absence of his service. In view of above, this Court feels that
the petitioner has not appeared before this Court with clean hands.
Hence, this Court finds no infirmity in the findings arrived at
by the Court below. Since the petitioner herein has failed to make out his
case before the Court below, this Court has no hesitation to say that in the
revision, appreciation of the factual issues are not permissible.
Accordingly, the instant petition stands dismissed. As a sequel,
miscellaneous applications pending, if any, shall stand closed.
JUDGE
A. Ghosh
