Tripura High Court
Mr. S. Bhattacharjee vs None on 14 July, 2022
HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev. P. 39/2022
For the Petitioner(s) : Mr. S. Bhattacharjee, Advocate
For Respondent(s) : None
HON'BLE MR. JUSTICE ARINDAM LODH
Order
14/07/2022
Heard Mr. S. Bhattacharjee, learned counsel for the petitioner.
The respondent-wife has filed an application before the court of
learned Judge, Family Court, West Tripura, Agartala for granting
maintenance. The petitioner-husband appearing before the learned court
has filed written objection against the said maintenance application.
Thereafter, dates were fixed for adducing evidence on behalf of
respondent-wife. She adduced evidence on 02.04.2022. On 13.05.2022
the date was fixed for adducing evidence on behalf of petitioner-husband.
He could not adduce evidence on the said date and sought for
adjournment on the ground of illness. The next date was fixed on
10.06.2022. On the said date also, the petitioner husband had sought for
adjournment on the ground of illness. The said petition was rejected by
the learned Judge, Family Court, West Tripura, Agartala, and thus, the
evidence was closed. The next date was fixed on 01.07.2022 for
argument. The petitioner-husband appeared before the learned court on
01.07.2022 and had submitted an application to review the order dated
10.06.2022 and allow him to adduce his evidence on that date itself. In
his application dated 01.07.2022, the petitioner husband prayed for the
following reliefs:
"Under the circumstances, stated above, it is prayed that the ld. Court may be
kind and gracious enough to allow the instant application under Section 10 of
the Family Courts Act, and pass necessary order whereby reviewing/modifying
the Order, dated 10.06.2022, passed by this ld. Court in Misc. Case no. 297 of
2020, and also by giving scope to the Opposite Party to adduce his
evidence/witnesses to face cross-examination on the date appointed/fixed by
this Ld. Court. The Ld. Court may also pass any other or further order or orders
as the Ld. Court may deem fit and proper in this regard."
It is submitted by Mr. Bhattacharjee, learned counsel that on the date
itself the petitioner-husband submitted his examination-in-chief.
Considering the matter in its entirety and for fair ends of justice, the
learned Judge, Family Court, West Tripura, Agartala, is directed to accept
the examination-in-chief submitted by the petitioner-husband and allow
him to adduce evidence. It is submitted that the next date is fixed for
judgment i.e. on 21.07.2022.
In view of this, the petitioner herein is directed to file his examination-
in-chief on 15.07.2022 alongwith a put-up petition. On such filing of
petitions, the learned Judge, Family Court, West Tripura, Agartala, shall
accept the same and may fix a date for adducing evidence on his behalf
and also for cross-examination on behalf of the respondent-wife.
Thereafter, a date may be fixed for argument as per the convenience of
the court. It is made clear that if the petitioner-husband fails to submit his
examination-in-chief on or before the date of adducing his evidence, then,
the learned Judge, Family Court, shall hear the argument on the date
fixed.
Accordingly, the instant petition stands allowed subject to cost of Rs.
5,000/- payable by the petitioner-husband to the respondent-wife before
the date of argument.
Consequently, the impugned order dated 10.06.2022 and 01.07.2022
passed by the learned Judge, Family Court, West Tripura, Agartala stands
set aside and quashed.
With the above observation and directions, the instant petition stands
disposed of. Pending application(s), if any, also stands disposed.
Copy of the order be supplied to learned counsel for the petitioner.
JUDGE
Saikat
