Jayanta Kumar Saha, s/o late Nirmal Chandra Saha v. Baishali Saha, w/o Sri Jayanta Kumar Saha
2016-09-08
S.TALAPATRA
body2016
DigiLaw.ai
JUDGMENT & ORDER : Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned counsel appearing on instruction of Mr. S. Sarkar, learned counsel for the respondent. 2. This is a revision petition under Section 19(4) of the Family Courts Act, 1984 questioning the legality of the judgment and order dated 13.03.2014 delivered in case No. Miscellaneous. 247 of 2011 by the Judge, Family Court, Agartala, West Tripura. 3. The respondent herein initially instituted a proceeding under Section 125 of the Cr.P.C. for having the maintenance allowance at the rate of Rs. 30,000 per month as it had been alleged that the petitioner herein had refused to maintain the respondent when the respondent had no independent means of income. According to her, she was on the verge of vagrancy. 4. According to the petitioner herein, even though he is a Software Engineer earlier but when he received the notice from the Family Court in respect of the said proceeding, he had no engagement. 5. The petitioner was prosecuted on the allegation of cruelty within the meaning of Section 498A of the IPC. Having regard to the relevant facts, the petitioner was directed to pay the maintenance allowance at the rate of Rs. 4,000 per month to the petitioner w.e.f. 01.03.2014 and to remit the said amount to the petitioner within the 10th day of every English calendar month. The said order of maintenance dated 13.03.2014 is under challenge in this revision petition. 6. Having scrutinised the records and hearing the submission of the learned counsel for the parties, this court does not find any infirmity in the impugned order and accordingly this revision stands dismissed. Send down the LCRs forthwith.