Tripura High Court
Smt. Sita Debnath And Another vs Shri Bikash Das And Another on 4 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Crl. Rev.P.05 of 2024
Smt. Sita Debnath and another
............Petitioner(s)
Versus
Shri Bikash Das and another
...........Respondent(s)
For Petitioner(s) : Mr. A. Acharjee, Advocate.
Ms. S. Sarkar, Advocate.
For Respondent(s) : Mr. S. Ghosh, Addl. PP.
Ms. P. Chakraborty, Advocate.
Date of hearing & delivery
of judgment and order : 04.07.224
Whether fit for reporting : Yes/No.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
Heard Mr. A. Acharjee, learned counsel alongwith Ms. S. Sarkar, learned
counsel for the petitioners. Also heard Ms. P. Chakraborty, learned counsel for
respondent No.1. Mr. S. Ghosh, learned Addl. PP is present on behalf of the State
respondent.
[2] This criminal revision petition is filed under Section 401 of Criminal
Procedure Code read with Section 397 of the said Code to examine the legality,
validity and propriety of the impugned order dated 18.10.2023 passed by the learned
Addl. Sessions Judge, Dhalai Judicial District, Kamlapur in Criminal (Revision) 09 of
2022, whereby and wherein the learned Court modified the order dated 29.07.2021
in case No. Crl. Misc.19 of 2020 passed by the Sub-Divisional Judicial Magistrate,
Kamalpur and reduced the maintenance amount from Rs. 15,000/- to Rs 11,000/-
which shall be effective from the date of the order dated 18.10.2023.
[3] The impugned order dated 18.10.2023 passed by the learned Court
below in case No. Criminal (Revision) 09 of 2022 reads as under:
"11. Hence, it is
ORDERED
that, the maintenance awarded of Rs. 15,000/- by Ld. SDJM, Kamalpur
vide order dated 29.07.2021 in Crl. Misc Case no. 19 of 2020 is hereby modified
and reduced to Rs. 11,000/- (Eleven Thousand) only which shall be effective
from the date of this order. Other direction of Ld. below court will remain the
same.
12. Accordingly a copy of this judgment be supplied to both the parties free of
cost.
13. Thus, the instant case is accordingly disposed of on contest.
14. Return LCR accordingly.........."
[4] Aggrieved by the aforesaid order impugned passed by the learned Court
below, the petitioner has preferred this petition seeking following reliefs:
"i) Admit this revision petition;
ii) Call for the records;
iii) Issue notice upon the respondent; and
iv) After hearing of the parties and on a perusal of the evidence on record be
pleased enough to set-aside/quash the impugned order dated 18-10-2023
passed by ******** the Ld. addl. Sessions Judge, Dhalai Judicial District,
kamlapur in Criminal Revision 09 of 2022, whereby and wherein the Ld. Court
modified the order dated 29.07.2021 in Crl. Misc Case no.19 of 2022 passed by
the Sub- Divisional Judicial Magistrate, Kamalpur, Unakoti Judicial District and
reduced the maintenance amount from Rs 15,000/-to Rs 11,000/- which shall be
effective from the date of the order dated 18.10.2023................................"
[5] Mr. A. Acharjee, learned counsel for the petitioner wife submits that the
order passed by the Court below on 18.10.2023 allowing the Revision petition filed by
the husband respondent herein whereby and wherein, the order dated 29.07.2021
passed by the learned SDJM, Kamalpur was modified reducing the maintenance
amount from Rs.15,000/- to Rs.11,000/- per month is very much illegal, arbitrary
and against the law. He further submits that learned Court below failed to consider
the hardships suffered by the wife. Learned counsel, therefore, urges this Court to
set aside the impugned order dated 18.10.2023 passed by the learned Court below.
[6] On the other hand, Ms. P. Chakraborty, learned counsel for the
respondent No.1 (husband) opposes the submission made by the learned counsel for
the petitioner wife. She submits that the award of maintenance ordered by the Court
below should not be enhanced further as the respondent husband has other
responsibilities to his family.
[7] Heard the submissions made by the learned counsel for the parties.
Perused the record.
[8] On perusal of record, it is seen that the wife by filing an application
being Case No. Crl. Misc. 19 of 2020 approached the SDJM, Kamalpur, Dhalai for
enhancement of maintenance allowance from Rs.6,000/- to Rs.13,000/- per month
for her alongwith her minor son and the SDJM, Kamalpur, Dhalai by his order dated
29.07.2021, enhanced the maintenance amount from Rs.6,000/- per month to
Rs.15,000/- per month. Thereafter, aggrieved by the said order of learned SDJM, the
husband filed an application before the Court of Addl. Sessions Judge, Dhalai,
Kamalpur vide case No. Criminal (Revision) 09 of 2022 for reduction of the
maintenance of award ordered by the SDJM, Kamalpur. Finally, learned Addl.
Sessions Judge, Dhalai, Kamalpur by the impugned order dated 18.10.2023, modified
and reduced the award of maintenance ordered by the SDJM, Kamalpur from
Rs.15,000/- per month to Rs.11,000/- per month.
[9] Having considered the facts and circumstances of the case, this Court is
of the view that since, the petitioner wife on earlier occasion approached SDJM,
Kamalpur claiming maintenance of Rs.13,000/- per month from her husband, it will
be appropriate if the monthly maintenance as assessed by the Court below to the
wife be enhanced to Rs.13,000/- per month instead of Rs.11,000/- per month and
accordingly, the same is ordered. However, it is made clear that all other findings as
assessed by the Court below shall remain unaltered.
Thus, this criminal revision petition is allowed to the extent as indicated
above and accordingly, the same is disposed of.
As a sequel, miscellaneous application(s), pending if any, shall also
stand closed.
JUDGE
Sabyasachi. G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2024.07.06 16:44:10 +05'30'
