Mr. I. Chakraborty vs Ms. R. Purkayastha
2022 Latest Caselaw 227 Tri

                             HIGH COURT OF TRIPURA
                                   AGARTALA

                                Crl. Rev.P.6/2022


For Petitioner(s)       :      Mr. I. Chakraborty, Adv.

For Respondent(s)       :      Ms. R. Purkayastha, Adv.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

23/02/2022

Heard Mr. I. Chakraborty, learned counsel appearing for the

petitioner as well as Ms. R. Purkayastha, learned counsel appearing for

the respondent.

[2] This Court by order dated 10.02.2020 passed in Crl. Rev. P

73/2019 directed the present petitioner husband (who was respondent in

Crl. Rev. P. 73/2019) to pay a monthly sum of Rs.2,500/- per month to

his wife (present respondent) w.e.f. 01.02.2020. Since the husband

defaulted in paying such maintenance allowance to his wife in compliance

of the said judgment of this Court, the wife filed Crl. Misc. Exe. 25/2020

before the Family Court, Udaipur, Gomati Judicial District.

[3] It is submitted by Ms. R. Purkayastha, learned counsel

appearing for the wife that the husband has neither challenged the order

passed by this Court before any appellate forum nor paid the

maintenance allowance as ordered by this Court. Counsel therefore urges

this Court to issue a direction to the petitioner-husband to pay the arrear

w.e.f. 01.02.2020 to the wife. According to Ms. Purkayastha, learned

counsel, the total outstanding arrear till 01.02.2022 under the said order

of the High Court is Rs.60,000/-.

[4] Mr. I. Chakraborty, counsel of the petitioner husband contends

that respondent wife lived with the petitioner for only 4(four) days after

their marriage. Thereafter, she had withdrawn herself from the company

of her husband without any ground at all. Counsel contends that the wife

is not legally entitled to any maintenance allowance at all.

[5] Admittedly, petitioner did not challenge the order of this court

passed in Crl. Rev. P. 73/2019. Under the said order he is required to pay

Rs.2,500/- per month w.e.f. 01.02.2020. Petitioner admits that he has

paid no amount to his wife under this order.

[6] In view of the above, petitioner is directed to pay the arrear of

Rs.60,000/-, which has fallen due w.e.f 01.02.2020 in 4 installments

within a period of 4 months from today.

List this matter for final hearing on 9th March, 2022. First

installment of the arrear should be paid by 9th March 2022.

JUDGE

Sabyasachi G.