[Cites 2, Cited by 0]
Tripura High Court
Sri Sudip Chandra Nath vs Miss Arghyashri Nath on 16 March, 2026
1
HIGH COURT OF TRIPURA
AGARTALA
Crl.P.No.65 of 2025
1. Sri Sudip Chandra Nath
Son of Late Dhirendra Chandra Nath
Resident of C/O Sri Pranab Saha, Radhanagar,
Near galaxy Guest House, Agartala-799001,
P.S. West Agartala,
Dist. West Tripura.
---- Petitioner(s)
Versus
1. Miss Arghyashri Nath
Daughter of Sudip Chandra Nath
Residing at Badharghat,
Near Little Millenium School,
P.S.- A.D. Nagar, Pin- 799003
Dist.- West Tripura
[Being minor Petitioner No.1 is represented by her
mother i.e. the Petitioner No.2 hreein]
2. Smt. Sima Debnath
W/O Sri Sudip Chandra Nath
D/O Sri Jagadish Chandra Debnath
Residing at Badharghat,
Near Little Millenium School,
P.S.-A.D. Nagar, Dist.-West Tripura,
Pin- 799003
3. The State of Tripura
----Respondent(s)
For Petitioner(s) : Mr. Dilip Chandra Nath, Adv.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
16.03.2026
Heard Learned Counsel, Mr. Dilip Ch. Nath appearing
on behalf of the petitioner.
None appeared on behalf of respondent Nos.1 & 2.
Learned P.P. appeared on behalf of respondent No.3
i.e. the State.
This petition under Section 19(4) of the Family Courts
Act is filed challenging the order dated 22.09.2025 passed by the
Learned Family Judge, Court No.1, West Tripura, Agartala in
connection with Crl.Misc.(Int) 629 of 2024.
At the time of hearing, Learned Counsel for the
petitioner submitted that the respondent No.2, Smt. Sima
Debnath on behalf of Miss Arghyashri Nath, i.e. the respondent
No.1 filed one petition for maintenance before the Learned Judge,
Family Court, claiming maintenance for the minor daughter,
amounting to Rs.30,000/- per month. It was also the plea of the
respondent No.2 that she has got reasonable capacity/monthly
income to maintain herself. So, the respondent No.2 sought
maintenance for the minor daughter from the present petitioner
herein. Before the Learned Trial Court both the parties submitted
the statement of assets and liabilities. From the ITR 1 filed by the
petitioner herein before the Learned Trial Court, it was found that
the total income of the petitioner-husband herein was shown for
the year 2024-2025 as Rs.1,94,800/-. Thus, the monthly income
of the petitioner-husband was prima facie assessed to Rs.16,233/.
The respondent No.2 is a school teacher and her gross salary was
Rs.44,062/- and net salary was found to be Rs.34,554/-. It was
also asserted by the respondent No.2 that she used to pay rent for
the accommodation and also maintain the minor daughter who is
a student of class-II. Learned Judge, Family Court came to the
observation that the minor daughter has estimated monthly
expenditure of Rs.20,000/- and as the respondent No.2 being the
mother was earning more than her husband, so, the Learned Trial
Court fastened the burden of responsibility in 60% and 40% ratio
and directed the petitioner-husband to pay interim maintenance
per month at the rate of Rs.8,000/- to the minor daughter from
the date of filing of the case i.e. from 28.11.2024, in view of the
celebrated judgment of Hon'ble Supreme Court of India in Rajnesh
vs. Neha and also made certain other directions to pay the arrear
in nineteen installments. Learned Counsel for the petitioner
further submitted that the petitioner-husband is a reporter of a
newspaper and from the meagre income earning by himself he is
not in a position to maintain himself also and situated thus, if he is
to pay Rs.8,000/- per month in that case he shall have to face
starvation and the Learned Judge, Family Court in absence of
evidence on record and without considering the facts and
circumstances of the case ordered him to pay maintenance at the
rate of Rs.8,000/- per month.
As already stated notice was served upon the
respondent Nos.1 & 2 but inspite of serving of notice the said
respondents did not appear before this Court to contest the
petition. Even on 13.03.2026 also they did not prefer to appear
before this Court. From the order of the Learned Trial Judge, it
appears that relying upon the judgment of Rajnesh Vs. Neha the
Learned Trial Court without considering all the aspects fastened
50% of the total income of the petitioner-husband from his
monthly income. The respondent No.2, being the mother of
respondent No.1 is a Government servant, whose earning is much
more than that of the petitioner-husband. So, after going through
the order of the Learned Judge, Family Court it appears that
without any cogent reasons, the amount has been determined by
the Learned Family Judge which needs to be interfered with. But
at the same time, the petitioner-husband also cannot evade the
responsibility of paying maintenance to his daughter who is a
student of class-II. However, considering the facts and
circumstance of the case, it appears that at this stage till disposal
of the main petition, if the amount of maintenance is reduced to
Rs.4,000/- from Rs.8,000/- then the same would be appropriate
for the petitioner-husband considering his monthly income.
In the result, the petition filed by the petitioner is
hereby allowed. The order dated 22.09.2025 passed by Learned
Judge, Family Court, West Tripura, Agartala in connection with
Crl.Misc.(Int) 629 of 2024 is partly modified to the extent that the
petitioner-husband shall pay interim maintenance at the rate of
Rs.4,000/- per month in place of Rs.8,000/- to the respondent
No.1 w.e.f. 28.11.2024 which shall be deposited to the respective
bank account of the respondent No.2 by the petitioner-husband
within 10 days of the succeeding calendar month and this order
shall remain in force till disposal of the original maintenance
petition bearing No.Crl.Misc.(Int) 629 of 2024. The arrear
maintenance, if any, during the period shall be paid by the
petitioner-husband to the respective bank account of the
respondent No.2 in 10 equal installments.
Send down the record to the Learned Trial Court along
with a copy of this order.
Supply a copy of this order to the Learned Counsel for
the petitioner for information and compliance.
With this observation this revision petition stands
disposed of.
JUDGE
PURNITA DEB Digitally signed by PURNITA DEB
Date: 2026.03.17 14:07:10 +05'30'
Purnita
