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Tripura High Court · body

2018 DIGILAW 107 (TRI)

Subrata Pal, Son of Sri. Nirmal Pal v. Dipika Ghosh (Pal), wife of Sri. Subrata Pal

2018-04-17

S.TALAPATRA

body2018
JUDGEMENT AND ORDER : Heard Mr. HK Bhowmik, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned counsel appearing for the respondent. 2. This revision petition filed under Section 397 read with section 401 of the Cr.P.C [correction of the jurisdictional provision has been made in terms of the prayer made in I.A. 01 of 2018] is directed against the judgment and order dated 12.05.2017 by the Judicial Magistrate, 1st class, Belonia, South Tripura in case no. Maint. 42 of 2015. By the said judgment and order, the petitioner has been directed to pay the maintenance allowance of Rs. 5,000/- per month from the date of filing of the petition i.e. 31.08.2015 under Section 125 of the Cr.P.C. By the said petition filed under Section 125 Cr.P.C, the respondent had made prayer to allow her maintenance allowance at Rs. 7,000/- per month, inasmuch as she was compelled to leave the matrimonial home for unlawful demand and torture, both physical and mental. Even the initiative taken by the local panchayat for settling the matrimonial discord, failed. 3. Mr. Bhowmik, learned counsel appearing for the petitioner has submitted that he would mainly question the quantum as decided by the said court. There is no dispute that the petitioner is a government employee and he is earning about Rs. 30,862/- per month, but at the relevant point of time he was getting Rs. 18,000/- to Rs. 20,000/-. Mr. Bhowmik, learned counsel has further submitted that directing the payment from the date of institution of the petitioner would not only be the onerous on the petitioner, but it will go beyond his financial means and if the said direction is maintained by this court, the petitioner would be a defaulter not for any intent but for his incapability of paying the huge amount from his own fund. 4. Mr. Datta, learned counsel appearing for the respondent has seriously contested that part and submitted that the petitioner has not only the short of salary, but he has other means, such as, property at his command. Be that as it may, this court finds that the arrears comes to be paid at Rs. 1,15,000/- apart from the payment of the monthly maintenance at Rs. 5,000/-. The quantum of the monthly maintenance @ Rs. 5,000/- will not be interfered by this court for obvious reasons. Be that as it may, this court finds that the arrears comes to be paid at Rs. 1,15,000/- apart from the payment of the monthly maintenance at Rs. 5,000/-. The quantum of the monthly maintenance @ Rs. 5,000/- will not be interfered by this court for obvious reasons. However, this court finds some force in the submission of Mr. Bhowmik, learned counsel regarding payment of the arrear maintenance. 5. In view of that, this court is inclined to quantify the arrears at Rs. 70,000/-. The said amount shall be paid by the petitioner in 10(ten) equal installments along with the regular monthly allowance without any fail. 6. Mr. Bhowmik, learned counsel has further urged this court that if the respondent provides her bank account details, the petitioner can transfer the money to the respondent’s bank account. Mr. Datta, learned counsel immediately accepted that proposal and stated that he would supply the bank-details to Mr. Bhowmik, learned counsel within 3(three) days from today. 7. Having observed thus, the petitioner is permitted to remit the maintenance and the instalments of the arrear maintenance to the respondent’s bank account within 10th day of every calendar month without fail. Such payment shall commence from the next month i.e. May, 2018. 8. Having observed thus, this petition stands partly allowed to the extent as indicated above. Send down the LCRs forthwith. A copy of this order be furnished to the learned counsel appearing for the parties.