Tripura High Court
Smt. Tapashi Debbarma vs The State Of Tripura on 2 August, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P. No.20/2023
Smt. Tapashi Debbarma, W/O. Shri Nilmani Debbarma, Resident of:-Ujan
Abhoynagar, P.S.-East Agartala, P.O.-Abhoynagar, Pin-799005, District-West
Tripura.
......... Petitioner(s).
VERSUS
1. The State of Tripura,
2. Shri Nilmani Debbarma, S/O. Late Biswarath Debbarma, Senior Manager
(TSECL), 79 Tilla, SDCL, Kunjaban, P.O.-Agartala, Pin-799006, District-West
Tripura.
.........Respondent(s).
For Petitioner(s) : Mr. D.C. Saha, Advocate,
Ms. Ranasree Pal, Advocate.
For Respondent(s) : Mr. Samrat Ghosh, Addl. P.P.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
02/08/2023
Petitioner-wife is aggrieved by the impugned judgment dated
09.01.2023 passed in case No. Crl.Misc. 287 of 2021 by the learned Judge,
Family Court, Agartala, West Tripura whereby the monthly maintenance
amount has been enhanced from Rs.20,000/- to Rs.25,000/- only instead of
Rs.50,000/- as claimed by her.
2. Parties were sent for mediation to find out an amicable settlement
of their dispute by order dated 21.06.2023. The mediation has been successful
as per the report dated 27.07.2023 submitted by the Coordinator, Mediation
Centre, High Court of Tripura enclosing the terms of settlement between the
parties. The parties have agreed to live separately but there would be no
divorce. The father, respondent No.2, shall have visiting rights to visit the sons
on due intimation. He has agreed to give financial assistance to both the sons
towards higher education, medical expenses or any other emergencies to the
best possible. From January, 2024 (accruing on January end or February
beginning) there will be increase in the monthly maintenance by Rs.10,000/-
only, i.e. a total sum of Rs.35,000/- would be payable by the respondent No.2
to the appellant/petitioner to be paid by 10th of every succeeding month.
Respondent-husband has agreed to give 10% of the enhanced increment
amount from his salary to the petitioner-wife as and when it accrues.
Deductions are to be made from the salary of the respondent-husband by his
Drawing and Disbursing Officer and credited directly to the bank account of
the petitioner-wife from time to time. The two sons of the appellant/petitioner
and the respondent No.2 have assured to look after their parents and take their
responsibilities in their old ages within their means.
3. Further terms of settlement are also incorporated hereunder:
"14. That, the pending cases before the Learned Family Court
Judge, Court No.1, West Tripura, Agartala between the instant
Appellant-Smt. Tapashi Debbarma and Respondent No.2-Shri Nilmani
Debbarma as:
TS(DIV)627/2021-Shri Nilmani Debbarma Vs. Smt. Tapashi
Debbarma, which has next date-17.08.2023.
Crl.Misc.545/2022-Smt. Tapashi Debbarma Vs. Shri Nilmani
Debbarma, next date-17.08.2023;
Or before any other Court/Authority filed by them against each
other will be withdrawn at earliest possible after getting disposed off
the instant case, i.e., the criminal Revision Petition.
15. That, the Respondent No.2-Shri Nilmani Debbarma
assures to pay the Appellant-Smt. Tapashi Debbarma, Rs.30,000/-
(Rupees Thirty Thousand) only within 15/September/2023 which was
taken as an education loan by the Appellant-Smt. Tapashi Debbarma to
pay the semester fees of their younger son during his pursuance of
Graduation in Holy cross college.
16. That, both parties (Appellant-Smt. Tapashi Debbarma and
Respondent No.2-Shri Nilmani Debbarma) agree to restrain themselves
from using any defamatory words against each other. That, both them
have given their consent to maintain the reputation/dignity of each other
and also will not interfere on each other's personal as well as public life
henceforth.
17. That, both of these parties (Appellant-Smt. Tapashi
Debbarma and Respondent No.2-Shri Nilmani Debbarma) are staying
separately for long time and are living separately in their respective
addresses without maintaining any sort of marital cohabitation towards
each other. And now, due to long separation between the parties, the
distances between them reached to such an extent which is non
bridgeable in any condition or circumstances as till now and they are
also not in a position to live together at present and therefore the
Appellant-Smt. Tapashi Debbarma and Respondent No.2-Shri Nilmani
Debbarma have decided on their free will, voluntarily to make this
settlement of separation on their mutual consent without any further
demand to each other.
Upon discussion on these terms of settlement of separation
herein above between the Parties, they acknowledge and confirm the
same to be arrived at by them without any influence or coercion and to
be adhered by them hereafter. During the Mediation Sessions, Son's:
Shri Samuel Debbarma and Shri Sakalam Debbarma played a major
role and certain sitaions in the term above, mentions their obligations
also. That is why, their signatures are also taken at the end, here. The
contents of this settlement terms above were read over and explained to
them in English, Bengali and Hindi vernacular and upon both the
relevant Parties agreeing, their signatures were taken. Copy of this
settlement terms is hereby supplied to the Appellant-Smt. Tapashi
Debbarma and Respondent No.2-Shri Nilmani Debbarma each,
respectively."
4. Ms. Ranasree Pal, learned counsel for the petitioner, submits that
since the matter has been amicably settled, the instant petition may be disposed
of.
5. Parties shall adhere to the terms of settlement and honour their
reciprocal promises. Since the dispute between the spouses has been settled
amicably on mutual terms and conditions without getting separated by the
decree of divorce by payment of regular monthly maintenance at the rates
agreed upon by them, no lis survives to be adjudicated in the present revision
petition.
6. Accordingly, the instant revision petition is disposed of in terms of
the settlement.
Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH), CJ
Date: 2023.08.03
PULAK BANIK 18:24:56 +05'30'
