Smt. Nandita Das vs Sri Dibakar Debnath
2022 Latest Caselaw 762 Tri

                                   HIGH COURT OF TRIPURA
                                        AGARTALA
                                   MAT App No. 08 of 2022

Smt. Nandita Das,
                                                                         ---- Appellant(s)
                                              Versus

Sri Dibakar Debnath,
                                                                       ---- Respondent(s)

For Appellant(s)                          :      Mr. A.T. Paul, Adv.
For Respondent(s)                         :      None.

                         HON'BLE MR. JUSTICE T. AMARNATH GOUD
                        HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

                                        Judgment & Order

11/08/2022

(T. Amarnath Goud, J.)

Heard Mr. Ankan Tilak Paul, learned counsel appearing for the

appellant as well as Mr. Dibakar Debnath, the respondent-husband who is present

in person.

[2] This is an appeal filed under section 19(1) of the Family Courts Act,

1984. It arises from the order dated 27.05.2022 delivered in Civil Misc. 17 of 2022

by the Judge, Family Court, Agartala, West Tripura Judicial District directing the

respondent-husband to pay one time litigation cost of Rs.15,000/- to the petitioner

and pendente lite maintenance of Rs.4,000/- per month to the petitioner-wife

(appellant herein).

[3] Brief fact of the case is as under:

The respondent-husband is an employee of Agartala Municipal

Corporation serving as Finance Commissioner and since marriage was solemnized

between the appellant-wife and respondent-husband, the wife in spite of

MAT App 08 of 2022

performing all her duties and responsibilities in her in-laws' house, her mother in

law, father in law and sister in law started to taunt her on various issues such as

daily activities like cooking and other house hold activities. The respondent-

husband on the other hand, used to express his unwillingness to stay with his wife

as he wanted complete separation and also warned the appellant-wife that he

would commit suicide or else leave for abroad to get rid of his wife. It is also

alleged that for more than two years in spite of several efforts made by the

appellant-wife, the respondent-husband and his family members are not willing to

accept her at any cost.

[4] The appellant-wife preferred a divorce case [T.S. (Div.) 557 of 2021]

and also filed an application bearing case No. Civil Misc. 17 of 2022 before the

Family Court, Agartala under section 24 of the Hindu Marriage Act, 1955 praying

for maintenance pendente lite and litigation cost for contesting the divorce case.

[5] On hearing both the parties in Civil. Misc. 17 of 2022, the Judge,

Family Court, Agartala, West Tripura has passed the following order on

27.05.2022:

"Taking into consideration this fact and at the same time keeping in view that the O.P. has other family members who are dependent upon him the O.P. is directed to pay one time litigation cost of Rs.15,000/ to the petitioner and pendente-lite maintenance of Rs.4,000/- per month to the petitioner w.e.f. 25.01.2022. The arrear which have accumulated upon this order shall be paid by the O.P. in 5 equal installments alongwith the regular pendente-lite maintenance. Pendentelite maintenance payable to Savings Bank Account of the petitioner............."

[6] Being aggrieved, appellant wife has challenged the order of the

Judge, Family Court, Agartala. Hence, this appeal.

[7] Mr. A.T. Paul, learned counsel appearing for the appellant has

argued that the court below has directed the respondent to pay only Rs.4,000/-

MAT APP 08 of 2022

per month as maintenance pendente lite whereas the respondent is a Gazetted

Officer serving as Finance Manager at the office of Agartala Municipal Corporation

(AMC for short) and presently he is drawing a salary of Rs.60,481/- per month and

the divorce case is pending before the Family Court. In this regard, learned

counsel has urged this Court for maintenance pendente lite @ Rs.20,000/- for the

appellant wife.

[8] From the other side, the respondent-husband who is present before

this Court contended that he has his family consisting of his parents and

unmarried sister who are dependent on him. Being the sole earning member of

the family, it would be difficult for him to pay the amount of maintenance

allowance as claimed by his appellant-wife.

[9] We have perused the entire record and considered the submissions

made by the learned counsel for the appellant and the respondent who was

present at the time of hearing.

[10] Pleadings are completed. Both the parties are present at the time of

hearing.

[11] Presently, the respondent-husband has been directed to pay

Rs.4,000/- per month to the appellant-wife as maintenance pendente lite by the

Family Court and by way of monthly maintenance pendente lite she demanded

Rs.20,000/- per month for permanent settlement. The respondent-husband

expressed his inability to pay the said amount as demanded by the wife as he has

his family consisting of his parents and unmarried sister who are dependent on

him. The appellant contended that the respondent-husband is a Gazzeted Officer

in AMC and drawing salary of more than Rs.60,000/- per month and therefore, she

prayed to grant reasonable maintenance pendente lite from him.

MAT APP 08 of 2022

[12] Having regard to the facts and circumstances of the case, this Court

is of the considered opinion that ends of justice would be met if the amount as

awarded by the trial court is enhanced to the amount of Rs.10,000/-. Thus, the

amount be enhanced and fixed at Rs.10,000/- per month to the appellant-wife

and accordingly, Rs.10,000/- is awarded. The respondent-husband shall pay the

said amount regularly on monthly basis.

[13] In view of the above directions, the matter stands disposed of.

Pending application(s), if any, shall also stand disposed of.

                     JUDGE                                             JUDGE




Sabyasachi G.




MAT APP 08 of 2022