Tripura High Court
Smt. Samhita Datta Biswas vs . on 28 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAT. APP. NO.27 OF 2024
Smt. Samhita Datta Biswas
Vs.
Sri Somen Biswas
HON'BLE MR. JUSTICE T. AMARNATH GOUD
HON'BLE MR. JUSTICE BISWAJIT PALIT
Present:
For the Appellant(s) : Mr. D. Bhattacharjee, Sr. Advocate.
Mr. S. Das, Advocate.
For the Respondent(s) : Mr. S. Bhattacharjee, Advocate.
28.01.2025
Order
This appeal has been filed under Section 19(1) of
the Family Court Act, read with Section 28 of the Hindu
Marriage Act, against the Judgment and Decree dated 14-06-
2024, passed in T.S. (Divorce) 57 of 2020 by the Learned
Family Court, Agartala, West Tripura. Vide the said Judgment
and Decree, the Learned Family Court granted divorce and
dissolved the marriage solemnized between the appellant-wife
and the respondent-husband herein.
2. The brief facts of the case is that the marriage
between the appellant and the respondent was solemnized on
03-07-2009 at the paternal house of the appellant in the
presence of well-wishers. Out of the wedlock, the appellant-
wife gave birth to a baby girl on 23-04-2010. Thereafter,
disputes arose between the parties. Subsequently, the
respondent-husband filed a petition seeking divorce before the
Learned Family Court, West Tripura, citing desertion and
cruelty as grounds. The Learned Family Court issued a notice
to the wife-appellant, who then appeared before the Court
below and contested the proceedings by filing a written
statement. After hearing the arguments of both parties, the
Learned Family Court passed a Judgment and Decree on 14-
06-2024, granting divorce and declaring that the marriage
solemnized between the appellant and the respondent herein
as dissolved. Hence, this appeal has been preferred by the
appellant-wife seeking to set aside/quash the Judgment and
Decree dated 14-06-2024, passed in T.S. (Divorce) 57 of 2020
by the Learned Court below.
3. Heard Mr. D. Bhattacharjee, learned Senior
Counsel, assisted by Mr. S. Das, learned counsel, appearing
for the appellant, as well as Mr. S. Bhattacharjee, learned
counsel, appearing for the respondent.
4. In compliance with the order dated 21-01-2025,
both parties were present before this Court today.
5. It is submitted at the Bar that the respondent-
husband herein entered into a second marriage on 20-11-
2024, and the certificate of marriage has also been exhibited.
The appellant-wife demanded Rs. 40 lakhs as permanent
alimony for maintaining herself and her daughter, as she is
unemployed and has been covering her daughter's educational
expenses. She further submitted that the respondent-husband
is a Bank Manager, earning more than Rs. 1(one) lakh per
month, and also possesses ancestral property. She also
submits that he has been paying monthly maintenance of
Rs.10,000/- to her. On the other hand, the respondent-
husband agreed to pay Rs.11-12 lakhs as permanent alimony.
He further submitted that his net salary is Rs. 90,000/- per
month and that he has no additional source of income, and he
has to also bear the medical expenses of his aged parents.
6. From the records, it is evident that the respondent-
husband has remarried, and the said marriage is not under
challenge. The appellant-wife has expressed her demand for
permanent alimony. Considering the circumstances, this Court
confirms the divorce while granting permanent alimony.
7. Regarding the quantum of permanent alimony, the
appellant initially demanded Rs. 40 lakhs, which she later
reduced to Rs. 20 lakhs. The respondent-husband proposed an
amount of Rs.11-12 lakhs. After reviewing his salary certificate
and considering the financial responsibilities of both parties,
including the husband's obligation towards his aged parents'
medical expenses and his second family, this Court finds Rs.15
lakhs as permanent alimony to be a reasonable amount.
Accordingly, the Court directs the respondent to pay Rs.
15,00,000/- (Rupees fifteen lakhs) only as permanent alimony
to the appellant herein in four equal instalments, with the full
amount to be paid on or before 1st June 2025. Until the full
amount is paid, the respondent-husband shall continue to
provide the month maintenance as directed by the Court
below.
8. With the above observation and direction, this
present appeal stands disposed of. As a sequel, stay if any
stands vacated. Pending application(s) if any also stands
closed.
B. PALIT, J T. AMARNATH GOUD, J
suhanjit
RAJKUMAR RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2025.01.30
SINGHA 13:21:26 +05'30'
