Tripura High Court
Sri Kyajairi Mog vs Smti Snaong Mog on 20 June, 2025
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P. No.32 of 2025
Sri Kyajairi Mog, S/o Late Bachu Mog, resident of Vill- Guachand Mog Para,
P.O. Guachand, P.S. Manubazar, District- South Tripura
.........Petitioner(s);
Versus
1. Smti Snaong Mog, W/o Sri Kyajairi Mog, P.S.- Manubazar, District- South
Tripura, Present address: C/o Smti Bela Mog, Vill- Aloy Chara (West Manu),
P.S. Santirbazar, Dist: South Tripura
2. The State of Tripura, service through the Public Prosecutor, High Court of
Tripura, Agartala
.........Respondent(s).
For Petitioner(s) : Mr. Bibek Banerjee, Advocate.
For Respondent(s) : Mr. Rajib Saha, Addl. Public Prosecutor.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
20/06/2025
Heard Mr. Bibek Banerjee, learned counsel for the petitioner-
husband and Mr. Rajib Saha, learned Additional Public Prosecutor for the
respondent No.2-State.
2. In Maint 36 of 2022 instituted by the petitioner/respondent No.1-
wife herein, interim maintenance was awarded earlier in her favour @
Rs.4000/- per month vide order dated 24.06.2024, but the petitioner herein
admittedly accepted his default in regular payment and gave commitment to the
Court that the balance amount of Rs.40,000/- would be paid to the
petitioner/respondent No.1 herein within two months when the final judgment
dated 05.03.2025 was passed by the learned Family Court, Belonia, South
Tripura disposing of the maintenance case by enhancing the interim
maintenance to Rs.6000/- per month in her favour. While doing so, the learned
Court took into account the irregularity in payment of the interim maintenance
by the OP/petitioner-husband and prescribed a procedure by which the said sum
would be deducted from his salary bill from the month of April, 2025 onwards
by his Drawing and Disbursing Officer (DDO) and remitted to the savings
account bearing No.41502214837 of the petitioner/respondent No.1 wife at
SBI, Assam Rifles Branch. Petitioner is aggrieved by the direction prescribing
the mode of payment by deduction from his salary bill and remittance to the
account of respondent No.1 by his DDO.
3. Learned counsel for the petitioner submits that there has been no
default in payment of the current maintenance. Moreover, the arrear of interim
maintenance of Rs.40,000/- has also been paid. These statements are made
orally though there is no specific statement as such in the instant revision
petition. He submits that for no deliberate default in making payment, such a
course has been prescribed which tends to lower his image in the office of his
employer. He further submits that such a mode of payment could have been
prescribed had there been any repeated default in making payment. He relies
upon a decision of the learned Single Bench of this Court in the case of Ratan
Debnath v. Sumitra Debnath reported in (2015) 1 TLR 793. He also submits
that the petitioner is ready to make the remittance to the account of respondent
No.1 by 7th day of every following month. Current maintenance has been paid
till the month of June, 2025 as per the impugned direction. The order may,
therefore, be suitably modified.
4. Learned Additional Public Prosecutor submits that the learned
Court has taken note of the default in payment of interim maintenance by the
petitioner and, therefore, prescribed the mode of deduction from his salary bill
so that respondent No.1 does not suffer on account of irregularity in paying the
maintenance awarded to her. Irregularity or delay in making payment of
maintenance would obviously cause serious pecuniary issues to the respondent
No.1 which the learned Court has consciously chosen to safeguard. Therefore,
the impugned directions do not suffer from any irregularity or illegality or
impropriety which may be interfered in the revisional jurisdiction by this Court.
He however also submits that the respondent No.1 has not yet been noticed on
this issue to take a stand.
5. I have considered the submission of learned counsel for the
petitioner and learned Additional Public Prosecutor and taken note of the
materials placed both from the record and also perused the impugned order.
The petitioner is not aggrieved by the quantum of maintenance of
Rs.6000/- awarded in favour of respondent No.1-wife. Apparently, he has made
an issue regarding the mode of payment. There is a background on account of
which, the learned Family Court has prescribed that mode. It is, therefore, not
that the prescription of the mode has been made at one go or there is no
instance of default in making payment of interim maintenance by the petitioner
earlier during proceedings of this case. The judgment rendered in the case of
Ratan Debnath (supra)1 is in a context where there was disobedience of the
direction to pay maintenance under Section 125 Cr.P.C. wherein the learned
Court opined that in case of any non-payment, recourse to enforcement of the
order of maintenance is available under Section 128 Cr.P.C. However, there
cannot be any presumption as regards the non-payment. The facts of the said
case are obviously distinguishable from the present case at hand. However,
upon consideration of the matter, if the mode of payment is modified to the
(2015) 1 TLR 793
extent indicated hereinafter, the interest and rights of the respondent No.1
won't be affected in any manner. If the petitioner-husband makes the payment
of the current maintenance awarded in favour of respondent No.1-wife by 6th
day of each month and submit a receipt in proof thereof to his DDO, then such
deduction may not be required to be made. Otherwise the DDO of the petitioner
would be well within his authority to deduct the amount of maintenance of
Rs.6,000/- from his salary and remit it to the savings bank account of the
respondent No.1-wife latest by 10th day of that month. This modification in the
mode of payment in the opinion of the Court shall not adversely affect the
interest of the respondent No.1. Therefore, the matter is being disposed of at
this stage itself.
Pending application(s), if any, shall also stand disposed of.
(APARESH KUMAR SINGH), CJ
Pijush/
MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2025.06.21 15:02:31 +05'30'
