Tripura High Court
Smt. Sudipta Roy Choudhury vs Sri Benu Das on 28 June, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P 23 of 2024
1. Smt. Sudipta Roy Choudhury
Daughter of Late Subrata Roy Choudhury.
2. Master Bisweswar Das, (DOB) -11.05.2007)
(Minor Son represented by his mother, i.e. the petitioner No.1 herein)
Both of them are residing at Village & PO Ganki,
PS: Khowai, District: Khowai, Tripura.
---Petitioner(s)
Versus
Sri Benu Das,
Son of Late Haricharan Das,
Resident of Vill: Charganki, PO: Khowai Court, Khowai, Tripura, PIN: 799202
---Respondent(s)
For Petitioner(s) : Mr. S. Bhattacharjee, Advocate.
For Respondent(s) : Mr. Victor Ghosh, Advocate.
Date of hearing and date of
judgment and order : 28.06.2024
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment & Order (Oral)
Heard learned counsel for the parties.
[2] This is a revision petition under Section 19(4) of the Family Courts
Act, 1984, read with Section 397 & 401 of Cr.PC. against the Judgment and Order,
dated 06.01.2024 passed by the Ld. Judge, Family Court, Khowai, Tripura in case
no.Crl.Misc 18 of 2022.
[3] The case of the petitioner, in brief, is that earlier she had filed a
maintenance case against the respondent, which was registered as Misc. 230 of 2015
and the Ld. Judge of the Family Court, Agartala, West Tripura, on 19.05.2017,
passed an order directing the respondent to pay a total amount of Rs.4,200/- per
month for her and their minor son. She stated that after the said order of the Ld.
Trial Court, she preferred a Revision petition before the Hon'ble High Court of
Tripura, in Case No.Crl.Rev.P. 56 of 2017, wherein the Hon'ble High Court was
pleased to increase the above amount to Rs.6,500/- per month. Since then, the
petitioner stated that she has been receiving the said amount regularly, but presently,
the situation of their daily life has completely changed. The petitioner No.1
contended that her son is still a minor pursuing his academics in an English medium
school, whereas she has nо income of her own. It is further contended by the
petitioner that her father is no more alive and her paternal family is going through
tremendous financial crisis. According to the petitioner , the cost of their basic
requirements of daily life has risen up, for which, she is unable to maintain their
basic standard of living along with her minor son, only with the amount of
Rs.6,500/-, which was passed more than 04 years ago. She submitted that the
respondent is getting a salary of about Rs.56,202/- as PGT in a Govt. School and
also performs private tuition, earning not less than Rs.65,000/- per month. As stated
by the petitioner, the prices of the essential commodities has now risen out of their
reach.
[4] It is evident from the record the petitioners herein earlier moved to the
Ld. Court of the Judge, Family Court, Khowai Tripura for enhancing the monthly
maintenance for herself and her minor son. The Ld. Court below after hearing the
parties and on perusal of the material evidence on record has observed as under:
"In the result, I am satisfied that the 1st party has proved her Case much to
the extent required by law. The relief awarded to the 1st party & her minor
son and directions to the 2nd party are as follows:
a) The 2nd party shall henceforth provide the 1st party an amount of
Rs.7,000/- (Rupees Seven Thousand Only) & their minor son an amount of
Rs.6,000/- (Rupees Six Thousand Only), i.e. a total amount of Rs.13,000/-
(Rupees Thirteen Thousand Only) every month starting from the month of
January 2024 to be paid by the 7th day of February 2024 and every
consecutive months there-after, until further order.
b) The 2nd party is directed to send the above total amount to the 1st party
every month, in the manner and mode, which he has been paying the
monthly maintenance so far.
c) The above amount of Rs.13,000/- is fixed considering the basic
requirements of the 1st party and her minor son, as compared to the present
status and earnings of the 2nd party."
[5] Being aggrieved by and dissatisfied with the impugned judgment
dated 06.01.2024 passed in case no. Crl.Misc 18 of 2022, the present criminal
revision petition has been preferred by the petitioners seeking the following relief(s):
(i) Admit this revision petition, filed u/s 19(4) of the Family Court Acts, read with
Section 397 & 401 of Cr.PC against the impugned judgment dated 06.01.2024
passed in Crl.Misc 18/2022.
(ii) Call for the records of Crl. Misc. 18/2022 & Misc, 230/2015 from the Ld.
Family Court, West Tripura, Agartala.
(iii) Issue notice upon the respondent and
(iv) Hear the instant petition and after hearing both the parties the Hon'ble Court
may be pleased enough to modify the impugned judgment, dated 06.01.2024
passed in Crl.Mis18/2022, by enhancing the monthly maintenance from
Rs.13000/- per month to at least Rs.30,000/- per month w.e.f. 23.08.2022, i.e.,
the date of application praying for enhancement of the maintenance, with a
further direction to satisfy the Order of this Hon'ble High Court, passed in the
instant petition, by the respondent.
(v) The Hon'ble Court may also be pleased enough to further direct the DDO of
the respondent to deduct the amount of maintenance per month from the salary
of the respondent and thereafter to transmit the same to the Bank Account of
the petitioner No.1.
[6] After perusing the record and having considered the submission as
advanced by the learned counsel for the parties, this court is of the opinion that the
enhancement of the monthly maintenance to cope with the prevailing expenses of
the petitioners may be increased. Since the petitioners herein have already been
receiving the monthly maintenance of Rs.13,000/- from the respondent in pursuant
to the impugned order dated 06.01.2024, this court is enhancing the amount of
Rs.7000/- (Rupees seven thousand) to Rs.10,000/- (Rupees ten thousand) in favour
of the petitioner-mother. This court has pondered over the issue with regard to the
educational expenses of the son (the petitioner no.2 herein) and after due
consideration this court directs the respondent-husband to bear the educational
expenses of his son in addition to Rs.6000/- as monthly maintenance. The arrears
that will be so accrued of the increased amount shall be deposited by the respondent-
husband in six equal installments to the petitioners from the date of institution of the
case before the Ld. Court below (i.e. 23.08.2022) in the manner and mode as
ordered by the Ld. Court below.
[7] With the above observation and direction, this present criminal
revision petition stands partly allowed and thus disposed of. As a sequel, stay, if
any, stands vacated. Pending application(s), if any, also stands closed.
JUDGE
Dipak
DIPAK Digitally signed by
DIPAK DAS
DAS Date: 2024.07.03
16:50:52 +05'30'
