Mr. P. Majumder vs Mr. D.C. Saha
2022 Latest Caselaw 546 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA

                           Crl. Rev. P. 57 of 2021
For Petitioner(s)                   : Mr. P. Majumder, Adv.
For Respondent(s)                   : Mr. D.C. Saha, Adv.

              HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   ORDER

24.05.2022

Heard Mr. P. Majumder, learned counsel appears for the petitioner as

well as Mr. D.C. Saha, learned counsel appears for the respondent.

2. This is an application filed under Section 401 read with Section 397 of

the Code of Criminal Procedure, 1973 against the judgment dated

06.09.2021 passed by the learned Additional Sessions Judge (Sri Surya Deo

Singh), Kamalpur, Dhalai District in Case No. Criminal Revision Petition 03 of

2019 setting aside the order dated 27.08.2019 passed by the learned

Judicial Magistrate, 1st class, Kamalpur, Dhalai, District in Case No. Criminal

Misc. 08 of 2019 and directing the petitioner to make a payment of Rs.

4,000/- per month to the respondent from the date of filing of the interim

maintenance application.

3. It is represented by counsel for the petitioner that the interim

maintenance which is fixed at Rs. 4,000/- and the part of arrears are being

paid regularly. The petitioner undertakes to pay the said amount till the final

order of maintenance is passed by the court below.

During the course of argument the counsel for the petitioner placed

before this court that the petitioner is habitual litigant and she is exploiting

the mankind in the name of marriage or live-in relationship and extracting

money. In this context, the petitioner has filed an affidavit contending that

earlier the respondent married one Mr. Nazir Ahmed and through him she

gave birth to three children. Their marriage has not annulled legally and it is

still legally in force. The respondent again entered into the relation with one

Mr. Indrajit Das and filed complaints and extracted money by registering

complaints before Kamalpur Police Station. And now, it is the turn of the

petitioner who is become scapegoat in the hands of the respondent, on the

allegation that they are live-in relationship. The petitioner denies the said

relationship with the respondent and says that he is not married and is not

in any relationship. But orders passed by the court below the petitioner is

obeying the same, and paying the maintenance.

The said affidavit has been filed before this court after duly serving on

the respondent counsel on 25.04.2022 and till date the respondent has not

filed any reply to the said affidavit.

Without expressing any opinion on merits, this court remands the

matter to the court below to examine the same in its entirety more

particularly upon the allegations made by the petitioner herein against the

respondent by way of an affidavit and the petitioner is also at liberty to place

all relevant documents before the court below before passing any final order in the maintenance. It is needless to observe that the respondent should

also be given an opportunity in her defense.

The registry is directed to send the copy of the record to the court

below for its reference.

With the above observation, the Criminal Revision Petition stands

disposed of.

JUDGE

Rahul