Smt. Sudhriti Das (Datta) vs Shri Swapan Kumar Datta
2024 Latest Caselaw 1728 Tri

Tripura High Court

Smt. Sudhriti Das (Datta) vs Shri Swapan Kumar Datta on 7 October, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                       HIGH COURT OF TRIPURA
                             AGARTALA

                             Crl.Rev.P.66 of 2024

Smt. Sudhriti Das (Datta)                                .........Petitioner(s)

                                   Versus

Shri Swapan Kumar Datta                             ...............Respondent(s)

For Petitioner(s) : Mr. J. Majumder, Advocate.

For Respondent(s)        :      None.


               HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   Order
07.10.2024

This revision petition has been filed under Section 19(4) of

the Family Courts Act, 1984 and under Section 397 read with Section

401 of the Criminal Procedure Code, 1973 for quashing/setting aside

the judgment dated 26.07.2024 passed in case No. Misc.70 of 2021 and

order dated 26.07.2024 passed in case No. Crl. Misc.70 of 2022 by the

learned Addl. Judge, Family Court, Agartala, Tripura.

[2] Heard Mr. J. Majumder, learned counsel appearing for the

petitioner.

[3] It is seen from record that the marriage between the

petitioner and her husband was solemnized on 06.12.2013 as per Hindu

rites and customs and she left the matrimonial house on 30.11.2014.

Since then, she started living with her relative and never resumed her

conjugal life. On 27.01.2022, i.e. after lapse of more than seven years,

the petitioner filed an application under Section 125 of the Criminal

Procedure Code, 1973 before the Court below for granting maintenance

amount @Rs.20,000/- from respondent.

[4] On perusal of the said application filed before the Court

below, this Court finds that it is only an omnibus allegation as the

alleged incidents have not been indicated specifically with regard to the

complaints. The details about the torture made by her husband and his

family members upon her is not mentioned. The details of any

panchayat or any mediation or any police complaint is also not on

record. In the absence of any such averments and evidence, it has to be

reasonably presumed that the petitioner wife had voluntarily left the

matrimonial house. There is no evidence on record to show that she has

taken any steps for joining the matrimonial house. Further, it is also

seen that she had survived from the year 2014 till the year 2022

without the assistance of her husband. Thus, this Court has no

hesitation to draw an adverse inference against the petitioner.

Resultantly, the impugned orders passed by the Court below stand

affirmed and the instant revision petition filed by the petitioner is

dismissed.

With the above observation, the present petition is

dismissed. As a sequel, miscellaneous application(s), pending if any,

shall also stand closed.

JUDGE

Sabyasachi G.