Smt. Shibani Rudra Paul & Anr vs Sri Kausik Das
2024 Latest Caselaw 1273 Tri

Tripura High Court

Smt. Shibani Rudra Paul & Anr vs Sri Kausik Das on 26 July, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                               Page 1 of 2




                                 HIGH COURT OF TRIPURA
                                        AGARTALA
                                   Crl.Rev.P 52 of 2024

  Smt. Shibani Rudra Paul & Anr.                                   ......Petitioner(s)

                                               Versus
  Sri Kausik Das.                                                .......Respondent(s)



  For the Petitioner(s)              :         Mrs. S. Deb (Gupta), Advocate.
                                               Ms. F. Kalai Singh, Advocate.
  For the Respondent(s)              :         None.



                HON'BLE MR. JUSTICE T. AMARNATH GOUD
                               ORDER

26.07.2024

Heard Mrs. S.Deb (Gupta), learned counsel appearing for the

petitioner. None appears on behalf of respondent.

[2] This Present petition has been filed under section 397 read with

section 401 of the Cr.P.C 1973, seeking the following reliefs :-

"i. Admit the petition of the petitioner. ii. Call for records of Crl. Misc. 06 of 2023 from the Ld. Judge, Family Court, Khowai, Tripura.

iii. Issue notice upon the respondent.

v. After hearing the parties, modify the Judgment and Order dated 07.05.2024 passed in Crl. Misc. 06 of 2023 from the Ld. Judge, Family Court, Khowai, Tripura and may also enhanced the maintenance in favour of the petitioners."

[3] Being aggrieved and dissatisfied with the order dated 07.05.2024

passed by the Learned Judge, Family Court, Khowai Tripura, in connection with

Case No.Crl. Misc. 06 of 2023 the present revision petition has been preferred

by the petitioner.

[4] Mrs. S. Deb (Gupta), learned counsel for the petitioner submits

before this court that the order impugned dated 07.05.2024 is contrary to law .

She urges before this Court that the learned Court below without directing the

husband-respondent to submit his salary slip capriciously passed an order to pay

overall maintenance to the tune of Rs.9000/- to both wife-petitioner and her

minor daughter.

[5] Heard and perused the evidence on record.

[6] It is seen from the order that husband is an employee and his

salary is Rs. 35,000/- and has the responsibility of parents and siblings and also

constructed his house and has the liability of clearing loan obtained for said

construction of house. The said factual position cannot be ignored while fixing

the maintenance amount.

[7] In view of the analysis made by the Learned Family Court below

and after going through the material evidence in its entirety, this Court is of the

view that the assessment of maintenance as awarded by the learned Family

Court is just and proper and needs no interference thus, the findings as arrived

by the learned Family Court stands affirmed. Consequently, the present petition

stands dismissed.

[8] As a sequel, miscellaneous application(s) pending if any, shall stand

closed.

                                                                                      JUDGE




  Paritosh




SABYASACHI Digitally signed by
           SABYASACHI GHOSH

GHOSH      Date: 2024.07.31 16:33:23
           +05'30'