Research › Search › Judgment

Tripura High Court · body

2022 DIGILAW 140 (TRI)

Gunamani Chakma v. Papita Debbarma

2022-03-17

T.AMARNATH GOUD

body2022
JUDGMENT T. Amarnath Goud, J. - This instant criminal revision petition has been filed under Section 19(4) of the Family Courts Act, 1984, against the impugned order dated 18.01.2022, passed in Misc. (Int.)210 of 2021, whereby the learned Judge, Family Court, Agartala, West Tripura directed the petitioner to pay interim maintenance allowance amounting to Rs. 12,000/- per month to the respondent No. 1 and Rs. 8,000/- per month to the respondent no. 2 2. The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that the marriage between the petitioner and respondent No. 1 was solemnized as per Buddhist rites and custom on 07.03.2013. On 01.11.2014, respondent No. 1 gave birth to a male child, namely, Master Prince Chakma, who is impleaded as respondent No. 2. They started to live together in Jirania in a rented house of Renu Debbarma, in Santi Bazar area. After that, the petitioner-husband started to torture respondent No. 1 both mentally and physically for a demand of Rs. 50,000/-. Thereafter, from September 2020, the petitioner-husband started to reside at camp barak and did not provide any maintenance to the petitioner and rent of the house. After three months of non-payment of the rent, in the month of December 2020, the owner of the house evicted respondent No. 1. 3. Aggrieved thereby, the respondent-wife for herself and for respondent No. 2 (minor son) jointly filed a case against the petitioner herein before the learned Judge, Family Court, Agartala, West Tripura, under Section 125 of the Code of Criminal Procedure, 1973 claiming maintenance allowance and the said case was registered and marked as Crl. Misc. 209 of 2021. Along with Crl. Misc. 209 of 2021, another application has been filed claiming interim maintenance for both the respondents and the same has been registered and marked as Crl. Misc.(Int.)210 of 2021. 4. On receipt of the summon, the petitioner appeared before the learned Court below and submitted his written objection, denying all the allegations made in the petitions, and contended that the marriage between the petitioner and respondent No. 1 was solemnized on 07.03.2013. It is further stated that at the time of marriage, the petitioner was serving in CRPF, and he was posted in Nagaland. It is further stated that at the time of marriage, the petitioner was serving in CRPF, and he was posted in Nagaland. After the marriage, the petitioner on several occasions requested respondent No. 1 to reside in the house of the petitioner in Chailentga, but respondent No. 1 was not agreeable to stay at Chailengta. The petitioner was transferred to Khumlwng, Tripura in July 2018. As per the desire of respondent No. 1, the petitioner took a personal loan and constructed a Tin roofed building in the parental home of respondent No. 1, and respondent No. 1 stated to reside there. Due to the wedlock, respondent No. 1 gave birth to a male child. He further stated that when the petitioner was out of Tripura, he handed over his ATM card to respondent No. 1. Petitioner further stated that for construction of Tin roofed building, the petitioner took a loan of Rs. 15,00,000/- (Rupees Fifteen Lakh) from State Bank of India. TLA House Branch, and to repay the loan, he has to pay a monthly installment of Rs. 28,000/- (Rupees Twenty Eight Thousand). It is further stated that his gross salary is around Rs. 51,000/- (Rupees Fifty-one thousand), and his net salary is around Rs. 45,400/- (Rupees Forty-Five Thousand Four Hundred). Out of Rs. 45,400/- he has to pay a monthly installment of the loan at Rs. 28,000/-. Apart from this, Rs. 3,000/- is also deducted per month for LIC policy of their son. Out of Rs. 11,000/- he used to pay Rs. 5,000/- regularly to his wife. It is further stated that he has an old ailing mother, who is fully dependent upon the petitioner. As a mess charge, the petitioner pays Rs. 3,000/- per month to the CRPF authority. 5. After hearing both the parties, the learned Judge, Family Court Agartala, West Tripura by the impugned order dated 18.01.2022 passed in Misc(Int.)201 of 2021, directed the petitioner to pay interim maintenance allowance amounting to Rs. 12,000/- per month to the respondent No. 1 and Rs. 8,000/- per month to the respondent No. 2. 6. 5. After hearing both the parties, the learned Judge, Family Court Agartala, West Tripura by the impugned order dated 18.01.2022 passed in Misc(Int.)201 of 2021, directed the petitioner to pay interim maintenance allowance amounting to Rs. 12,000/- per month to the respondent No. 1 and Rs. 8,000/- per month to the respondent No. 2. 6. Being aggrieved and dissatisfied with the impugned order dated 18.01.2022, the petitioner has preferred the instant criminal revision and prayed for the following reliefs:- "i) Issue a Rule calling upon the respondents to show cause as to why the impugned order dated 18.01.2022, passed in Misc.(Int.) 210 of 2021, by the learned Family Judge, Family Court, Agartala, West Tripura (Annexure-3 infra), shall not be quashed/set aside. ii) Call for the records appertaining to this petition. iii) In the interim pass an order staying/suspending the operation/execution of the impugned Order dated Order dated 18.01.2022, passed in Misc.(Int.) 210 of 2021, by the learned Family Judge, Family Court, Agartala, West Tripura (Annexure-3 infra); and iv) After hearing the parties be pleased to make the Rule absolute in terms of (i) & (iii) above." 7. Heard Mr. S. Lodh, learned counsel assisted by Mr. K. Roy, learned appearing for the petitioner as well as Mr. S. Debnath, learned counsel appearing for the respondent. 8. For the ends of justice and for proper adjudication of the instant revision petition, the operative portion of the order dated 18.01.2022 passed by the learned Judge Family Court, Agartala, West Tripura is reproduced herein-under:- "In the result, the OP is hereby directed to pay Rs. 20,000/- (Rupees twenty thousand only) per month to the petitioner (@ Rs. 12,000/- for the wife-petitioner and @ Rs. 8,000/- for the minor son) w.e.f. 01-01-2022 and send the same to the Saving Bank Account of the petitioner Smt. Papita Debbarma vide SB A/C No. 1797010077145 lying in the Punjab National Bank, Mohanpur Branch, IFSC No. PUNB0179720, payable within 10th day of every English Calender month until further order till disposal of the main case vide No. Crl. Misc. 209 of 2021. 9. On fair perusal of the order dated 18.01.2022 passed by the Court below, this Court has no hesitation to say that the Court below has not passed a reasoned order. Misc. 209 of 2021. 9. On fair perusal of the order dated 18.01.2022 passed by the Court below, this Court has no hesitation to say that the Court below has not passed a reasoned order. Accordingly, the instant revision petition is allowed, the order of the Trial Court dated 18.01.2022 is set aside, the matter is remanded back to the trial Court for passing a reasoned order by considering all the financial issues. The Court below shall consider the written objection filed by the petitioner before the Court below indicating that he is a CRPF personnel and his income is around Rs. 51,000/- (Rupees Fifty one thousand only) and after the deduction, he is getting Rs. 45,400/- (Rupees forty-five thousand four hundred only) as the net amount. From which he has to pay his loan and also his mess charges, the petitioner has to also look after his mother and, accordingly, he is incurring sufficient expenditure. 10. With the above observation and direction, this instant revision petition is disposed of and the matter is remanded. As a sequel, miscellaneous applications pending, if any shall stand closed.