Mitali Chatterjee (Chakraborty) vs Shankar Chakraborty

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 63

T. AMARNATH GOUD
Mitali Chatterjee (Chakraborty) – Appellant
Versus
Shankar Chakraborty – Respondent

Advocates appeared:
Mr. S. Lodh, Advocate, for the Petitioner(s); Mr. H. K. Bhowmik, Advocate, Mr. S. Debnath, Addl. P.P, for the Respondent(s)

JUDGMENT

1. Heard Mr. S. Lodh, learned counsel appearing for the petitioners. Also heard Mr. H. K. Bhowmik, learned counsel and Mr. S. Debnath, learned Addl. P.P. apapring for the respondents.

2. This criminal revision petition has been filed under Section-19(4) of the FAMILY COURTS ACT , 1984, against the impugned order dated 06.01.2018 in Misc.530 of 2016 by the learned Judge, Family Court, Agartala, West Tripura, whereby and whereunder, the learned Judge, Family Court, Agartala, West Tripura, did not grant maintenance allowance in favour of the petitioner No.1.

3. The facts which set the criminal law in motion, in short, are that the petitioner No.1 and respondent No.1 are the husband and wife and their marriage was solemnized on 28.07.2008 as per Hindu Rites and Customs in the parental home of petitioner No.1. Due to wedlock, the petitioner No.1 gave birth to a male child i.e. petitioner No.2 on 11.05.2009.

4. The petitioner No.1 for herself and for her minor son i.e. the petitioner No.2 filed an application under Section-125 of Cr. P.C. before the learned Judge, Family Court, Agartala, West Tripura, claiming monthly maintenance allowances against the respondent No.1 and the said c

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