Citation : 2024 Latest Caselaw 1676 Tri
Judgement Date : 26 September, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRL.REV.P NO.42 OF 2024
Nahida Begam and anr.
......Petitioner(s)
Versus
The State of Tripura and anr.
.....Respondent(s)
For the Petitioner(s) : Mr. P.C. Rathor, Advocate.
Mr. D.C. Saha, Advocate.
Mr. S.H. Ikbal, Advocate.
For the Respondent(s) : Mr. B. Debnath, Advocate.
Date of hearing and delivery of Judgment & Order : 26.09.2024
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL)
This present criminal revision petition has
been filed for enhancement of the monthly maintenance
awarded to the petitioners herein @ Rs.7,000/- per month
(Rs.4,000/- for the wife petitioner and Rs.3,000/- for the minor
child) vide Judgment/Order dated 07.02.2024 passed in
Crl.Misc.27 of 2021 by learned Family Court, Agartala, West
Tripura.
2. Heard Mr. P. Rathor, learned counsel
appearing for the petitioners as well as Mr.B. Debnath, learned
counsel appearing for the respondent-husband.
3. Mr. P. Rathor, learned counsel appearing for
the petitioners submits that the monthly maintenance of
Rs.7,000/- awarded by the Court below in favour of his clients is
on the lower side and the same is not sufficient to maintain their
daily expenses. Learned counsel also added that other than the
maintenance amount his clients have no other source of income.
4. On the other hand, Mr. B. Debnath, learned
counsel appearing for the husband-respondent submits that his
client is working as a Government employee in the post of
MPW(Male) under SDMO, Teliamura, Khowai District Tripura and
his monthly salary is Rs.31,623/-. Learned Counsel further
submits that his client has to pay rent and also has to maintain
his parents. As such, learned counsel appearing for the
respondent-husband urged this Court to not increase the
maintenance amount and to confirm the award as given by the
Court below.
5. Heard and perused the evidence on record.
6. This Court is of the opinion that the monthly
maintenance of Rs.7,000/- awarded to the petitioners by the
Court below is on the lower side considering the rising cost of
living, inflation, and the financial needs of the child, particularly
regarding education and health care. As such, considering the
monthly income of the respondent-husband as placed on record,
this Court is increasing the monthly maintenance to be awarded
to the petitioners herein from Rs.7,000/- per month to
Rs.10,000/- per month i.e. Rs.5,000/- for each of the
petitioners.
7. With the above observation and direction,
this present petition is allowed. The impugned Judgment dated
07.02.2024 is modified to the extent indicated above. Other than
the above direction, other aspects of the impugned Judgment
shall remain unaltered.
8. As a sequel, stay if any stands vacated.
Pending application(s), if any also stands closed.
JUDGE
Suhanjit
RAJKUMAR Digitally RAJKUMAR signed by
SUHANJIT SUHANJIT SINGHA Date: 2024.09.30 SINGHA 11:51:52 +05'30'
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