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IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Smt. Sharmila Deb (Paul) W/o Sri Anup Deb – Petitioner
Versus
Sri Anup Deb S/o Late Hariparada Deb – Respondent
Crl. Rev. Pet. No. 63 of 2016
Decided On : 23-09-2016
Family Courts Act - Maintenance Allowance - The court enhanced the maintenance allowance for the petitioners based on their modest livelihood and the respondent's business income.
Fact of the Case:
The petitioners filed a petition under Section 125 of the Cr.P.C. for maintenance as the respondent denied and refused to maintain them. The Family Court initially allowed interim maintenance, and the impugned order provided maintenance allowance at Rs. 2,000 per month for each petitioner. The petitioners approached the court to challenge the quantification of the maintenance.
Finding of the Court:
The court found that the maintenance allowance provided by the Family Court required enhancement based on the petitioners' modest livelihood and the respondent's business income. It directed an increase in the maintenance allowance to Rs. 3,000 per month for each petitioner, payable by the 10th day of every English calendar month.
Issues: The main issue was the quantification of the maintenance allowance for the petitioners, considering the respondent's business income and the petitioners' modest livelihood.
Ratio Decidendi: The court's decision to enhance the maintenance allowance was based on the petitioners' financial needs, including rental and family expenses, and the respondent's business income, which indicated the need for a higher maintenance amount.
Final Decision: The petition was allowed, and the court directed the respondent to pay an enhanced maintenance allowance of Rs. 3,000 per month to each petitioner, with arrear maintenance to be paid within two months from the judgment date.
1. Heard Ms. S. Deb Gupta, learned counsel appearing for the petitioners as well as Mr. D. Bhattacharji, learned counsel appearing for the respondent.
2. By this petition filed under Section 19(4) of the Family Courts Act, the order dated 07.05.2016 delivered in Misc. No. 292 of 2015 by the Judge, Family Court, Agartala, West Tripura has been questioned. By the said order, each of the petitioners have been allowed to the maintenance allowance @ Rs. 2,000/- (Rupees Two thousand) per month w.e.f. 01.05.2016 and payable by 10th day of every English calendar month. The money has been directed to be paid by remittance to the bank account of the petitioner No. 1.
3. Ms. S. Deb Gupta, learned counsel appearing for the petitioners has submitted that the petitioners filed a petition under Section 125 of the Cr.P.C. when they were pushed to the verge of vagrancy as the respondent denied and refused to maintain them. Initially, the Judge, Family Court, Agartala, West Tripura allowed interim maintenance allowance. Finally, by the impugned order, the maintenance allowance has been provided @ Rs. 2,000/- per month for each of the petitioners. Being aggrieved by that determination or quantification of the maintenance, the petitioners have approached this court by filing this petition.
4. Ms. Deb Gupta, learned counsel has submitted that the respondent has been carrying on business of ‘marriage hall’ and catering. According to the petitioners, the respondent used to earn Rs. 1,00,000/- (Rupees one lac) per month. However, the respondent has denied the same and stated that he has been facing loss in his business and he has been earning about Rs. 10,000/- (Rupees Ten thousand) per month. The petitioners have further stated that they have to pay @ Rs. 5,000/- per month for their rented home and their family expenditure is more than Rs. 15,000/- per month. The petitioners have also asserted that the educational expenses of the petitioner No. 2 is about @ Rs. 10,000/- per month. On such basis and for having the modest livelihood, the petitioners have urged for enhancing the quantum of maintenance.
5. Having considered the records available before this Court and on hearing the submissions made by the learned counsel appearing for the parties, this Court is of the view that the maintenance as has been allowed by the Judge, Family Court, Agartala, West Tripura requires to be enhanced. It is directed that each of the petitioners will be entitled to get @ Rs. 3,000/- (Rupees Three thousand) per month w.e.f. 01.05.2016 and that amount shall be payable by every 10th day of English calendar month. It is made clear that the respondent shall pay the entire maintenance allowance to the petitioner No. 1 by remittance to her bank account. The arrear maintenance, if any, shall be paid by the respondent within 2(two) months from today. In default, the petitioners shall take immediate coercive action for realization of the said amount or to take further action if the arrears or the maintenance allowance is not paid within the stipulated date.
6. With this observation and direction, this petition stands allowed to the extent as indicated above.
There shall be no order as to costs.
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