Sampa Acharjee, wife of Sri Dibakar Acharjee v. Dibakar Acharjee, son of late Nikhil Chandra Acharjee
2016-08-23
S.TALAPATRA
body2016
DigiLaw.ai
JUDGMENT & ORDER : 1. Heard Mr. S. Roy, learned counsel appearing for the petitioner as well as Mr. A. Sengupta, learned counsel appearing for the respondent. 2. By means of this petition filed under Section 19(4) of the Family Courts Act, the judgment and order dated 28.01.2014 delivered in Misc.258 of 2013 has been challenged by the petitioner being dissatisfied with the alteration made in the quantum of maintenance. 3. It appears from the records that the petitioner instituted a proceeding under Section 125(1) of the Cr.P.C., as she was living separately from the respondent, before the Judge, Family Court, Agartala, West Tripura, being Misc.273 of 2009. By the order dated 12.02.2013 the respondent was asked to pay a sum of Rs.2,000/- per month for the petitioner. Having confronted with the stiff price situation, the petitioner approached the court of the Judge, Family Court, Agartala, West Tripura by filing a petition under Section 127 of the Cr.P.C. being Misc.258 of 2013 for enhancing the maintenance allowance. After consideration of the aspects of the change in the circumstances Judge, Family Court, Agartala, West Tripura by the impugned order enhanced the maintenance allowance from Rs.2000/- to Rs.2500/- with effect from 01.02.2014 and directed the respondent to remit the said amount to the petitioner's Savings Account No.8017012066500 maintained in the Tripura Gramin Bank, Badharghat branch within 10th day of every English calendar month. If for whatever reason, the said amount could not be remitted to her account, in the alternative it has been provided that the said amount can be sent by the Money Order and in that event the commission has to be borne by the respondent. The address of the petitioner has been given in the said order as under : Smt. Sampa Acharjee, wife of Sri Dibankar Acharjee, daughter of Sri Ajit Acharjee, resident of Matripalli, Madhya Badharghat, P.S. West Agartala, West Tripura 4. Mr. S. Roy, learned counsel, appearing for the petitioner has submitted that the petitioner was earning a gross salary of Rs.23,651/- on 14.08.2013 and he has referred the salary certificate issued by the Headmaster, Brigudas Bari High School where the respondent is working as the Assistant Teacher.
Mr. S. Roy, learned counsel, appearing for the petitioner has submitted that the petitioner was earning a gross salary of Rs.23,651/- on 14.08.2013 and he has referred the salary certificate issued by the Headmaster, Brigudas Bari High School where the respondent is working as the Assistant Teacher. However, this court finds that after deduction the respondent is receiving a sum of Rs.10,708/-, but on scrutiny it has further transpired that the respondent is saving a sum of Rs.10,000/- as his GPF contribution and which is deducted from his salary. No deduction is made from his salary on any other account. 5. Mr. A. Sengupta, learned counsel appearing for the respondent has submitted that the son of the petitioner and the respondent born in their wedlock as staying with the respondent and he is bearing all his expenses of education and bringing up. Moreover, he has submitted that the petitioner is living separately for her own misconduct. 6. On the face of such rival contentions, this court having considered the change in the circumstances and the income of the respondent is of the opinion that the respondent shall pay a sum of Rs.5,000/- to the petitioner with effect from 01.09.2016 meaning the said sum of maintenance shall be paid within the 10th day of each calendar month starting from the month of October, 2016 in the same mode as described by the Judge, Family Court, Agartala, West Tripura. 5. In the result, this petition is allowed. LCRs be returned forthwith. A copy of this order shall be furnished to the learned counsel for the parties for doing their needful.