Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 76

IN THE HIGH COURT OF TRIPURA AT AGARTALA
S.G. Chattopadhyay, J.
Supriya Bhattacharjee and Ors. - Appellants
Vs.
Debabrata Chakraborty - Respondent
Crl.Rev.P.No. 55 of 2019
Decided On : 20-1-2021

Advocates Appeared:
For the Appellant :A. Debbarma, Advocate
For the Respondents:Alik Das and S. Pal, Advocates

The main legal point established in the judgment is the obligation of the husband to provide adequate financial support to his wife and children, considering their reasonable needs and the standard of living to which the wife was accustomed in her matrimonial home.

Headnote:
Maintenance Allowance - Family Law - Code of Criminal Procedure (Cr.P.C.) - Hindu Marriage Act, 1955 - Sections 125, 13(1A)(ii) - The court discussed the determination of maintenance allowance for the wife and children based on the income and financial capacity of the husband, reasonable needs of the wife and children, and the standard of living to which the wife was accustomed in her matrimonial home. The court emphasized the husband's obligation to provide adequate financial support to his wife and daughter to enable them to live with dignity. The court also considered the husband's existing liabilities and medical expenses, but ultimately ruled in favor of the wife, enhancing the maintenance allowance to Rs. 17,000 per month.
Fact of the Case:

The wife filed a petition to enhance her monthly maintenance allowance from Rs. 5,000 to Rs. 23,500. The Family Court had earlier decreed the suit for divorce and allowed a maintenance allowance of Rs. 5,000 per month. The husband contested the claim, arguing that the wife was an earning lady and that he had financial obligations towards his present wife and recurring medical expenses.
Finding of the Court:

The court found that the husband's monthly salary was Rs. 62,400 and that the existing maintenance allowance of Rs. 8,000 was inadequate for the wife and daughter. Considering the legal principles and relevant factors, the court ruled in favor of the wife, enhancing the maintenance allowance to Rs. 17,000 per month, effective from the date of the impugned order.
Issues: The main issue was the determination of the appropriate maintenance allowance for the wife and daughter, considering the husband's financial capacity, existing liabilities, and medical expenses.
Ratio Decidendi: The court considered the income of the husband, the reasonable needs of the wife and children, and the standard of living to which the wife was accustomed in her matrimonial home. The court emphasized the husband's obligation to provide adequate financial support to his wife and daughter to enable them to live with dignity.
Final Decision: The court ruled in favor of the wife, enhancing the maintenance allowance to Rs. 17,000 per month, effective from the date of the impugned order.

JUDGMENT :

S.G. Chattopadhyay, J.

1. By means of this criminal revision petition, the petitioner (the wife hereinafter) has challenged the order dated 30.05.2019 of the Additional Judge, Family Court, Agartala passed in case No. Misc. 344 of 2018 whereby the monthly maintenance allowance payable to her has been enhanced from Rs. 5000/- to Rs. 8000/- declining her request for enhancing the amount from Rs. 5000/- to Rs. 23,500/- per month.

2. The brief facts which have led to the filing of this revision petition are as under:

Marriage between the parties was solemnised in accordance with the rites and customs of Hindu marriage on 02/02/2003. After marriage, a daughter was born to them within their wedlock. Few years thereafter, matrimonial dispute developed between them for various reasons and the wife left the company of her husband along with her daughter and started living with her parents. Since the wife had no income and she was thus unable to maintain herself and her daughter, she claimed maintenance allowance under Section 125 of the Code of Criminal Procedure (Cr.P.C. hereinafter) in the Family Court at Agartala. The Judge, Family Court by his order dated 01.11.2006 allowed her petition and taking into consideration the income of her husband and her needs allowed monthly maintenance allowance of Rs. 2200/- to her and Rs. 800/- to her daughter. Eager to take back his wife and resume conjugal life, the husband then filed a petition in the Family Court at Agartala for restitution of conjugal rights. The wife contested the suit brought by her husband and ultimately the Family Court, Agartala vide order dated 06.05.2008 decreed the suit and asked the wife to come back to her husband for resumption of conjugal life. There was no response from the side of the wife. Therefore, the husband approached the Family court seeking a decree of divorce on the ground that there was no resumption of cohabitation between them for a period of more than one year after the decree for restitution of conjugal rights was passed by the Court. The wife contested the divorce suit and brought various allegations against her husband including physical torture and extra marital affairs etc. The Family Court, Agartala after hearing the parties and recording their evidence passed a decree of divorce dissolving their marriage under Sections 13(1A)(ii) of the Hindu Marriage Act, 1955 and while decreeing the suit for divorce the Family court allowed monthly maintenance allowance of Rs. 5,000/- to the petitioner and it was ordered that maintenance allowance of Rs. 3,000/- already granted to her in the past proceeding under Section 125 Cr.P.C. shall be adjusted towards the maintenance allowance of Rs. 5,000/- and finally the wife would get Rs. 5,000/- per month. The said decree of divorce was passed on 16.09.2010. Circumstances rapidly changed thereafter. The salary of the husband rose after he became Headmaster of a Higher Secondary school. As a result of escalation in the price of essential goods and increase in the educational expenses of her daughter and for other reasons the wife required more amount of maintenance allowance to support herself and her daughter as she had no other source of income. Therefore, she filed a petition in the Family Court in the year 2018 for raising her monthly maintenance allowance from Rs. 5,000/- to Rs. 23,500/- per month. The husband contested the case. The Family Court after hearing the parties allowed the petition of the wife raising her maintenance allowance from Rs. 5,000/- to Rs. 8,000/- vide order dated 30.05.2019. Aggrieved with this order, the wife has approached this Court by means of this criminal revision petition seeking enhancement of the amount of her maintenance allowance to Rs. 23,500/- per month.

3. In the course of the proceeding, the husband submitted written objection on 10.12.2020. In his written objection, he has claimed that the wife is responsible for the termination of their marital relationship. Repea