Tripura High Court
Smt. Rinku Deb Das And Anr vs . on 2 September, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRL. REV. P NO.57 OF 2024
Smt. Rinku Deb Das and anr.
Vs.
Sri Debabrata Deb.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Present:
For the Petitioner(s) : Mr. A. Bhaumik, Advocate.
For the Respondent(s) : None.
02.09.2024
Order
This petition is filed challenging the Judgment and
Order dated 25.06.2024 passed in case No. Criminal Misc.(Int.)
630/2023 in Crl. Misc 629/2023 by the learned Family Court,
West Tripura, Agartala whereby the learned Court below has
directed the respondent-husband to pay an amount of
Rs.15,000/- (Rupees Fifteen Thousand) only per month as
maintenance i.e. @ Rs.7,000/- for the petitioner No.1 and @
Rs.8,000/- for the petitioner No.2.
2. The petitioners filed an application before the Court
below seeking interim monthly maintenance of Rs.40,000/- per
month. The Court below after examining the matter granted an
interim maintenance of Rs.7,000/- per month to the petitioner
no.1 i.e. wife-petitioner and Rs.8,000/- per month to the
petitioner No.2 i.e., the minor child. In total, it stands at
Rs.15,000/- per month. Not satisfied with the same, the
petitioners are before this Court seeking enhancement of the
interim maintenance during the pendency of the main case before
the Court below.
3. It is stated in the written objection of the
respondent-husband before the Court below that his gross salary
is Rs.95,125/- per month and after deduction, he is getting
Rs.50,567/- per month. In the said amount, he also has his
personal expenses and other expenses which have already been
explained by him. Accordingly, the Court below has fixed the
interim maintenance @ Rs.15,000/- per month which is just and
reasonable.
4. Mr. A. Bhaumik, learned counsel appearing for the
petitioners contends that the Court below has not taken into
consideration the GPF amount of the husband-respondent since it
is a saving. Learned counsel has placed reliance on the judgment
of the Hon'ble Supreme Court in Kalyan Dey Chowdhury vs.
Rita Dey Chowdhury reported in AIR 2017 SC 2383, wherein,
it is stated that 25% of the net income of the husband is to be
shared towards maintenance to the claimants.
5. Since the matter is pending before the Court below,
this Court is not inclined to express any opinion on the merits of
the case and accordingly, the interim maintenance order passed
by the Court below is confirmed for the present. However, the
Court below may look into the matter and decide the same as
expeditiously as possible.
6. In the meantime, Mr. Bhaumik, learned counsel
appearing for the petitioners contends that the respondent-
husband is not paying the amount of maintenance which has
been already fixed by the Court below, and prays that there be a
direction to the concerned officers to deduct the salary of the
respondent and to make the payment to the petitioners.
It is not for this Court to consider the same as the
petitioners are having effective remedy before the appropriate
Court to take steps in the event of any default of payment of
maintenance.
7. With the above observation, the present petition
stands dismissed, and accordingly, the same is disposed of. As a
sequel, miscellaneous application(s) pending if any, shall also
stand closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed by
RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2024.09.02
SINGHA 15:38:02 +05'30'
