Usha Gupta vs Bhupesh Chandra Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Tri) 30

APARESH KUMAR SINGH
Usha Gupta – Appellant
Versus
Bhupesh Chandra Gupta – Respondent

Advocates appeared:
Mr. D.C. Roy, Advocate, for the Petitioner; Mr. S. Talapatra, Advocate and Mr. Samar Das, Advocate, for the Respondent.

Table of Content
1. maintenance claims based on marital circumstances (Para 2 , 3 , 4 , 5)
2. evaluation of evidence in maintenance cases (Para 6)
3. modification of maintenance based on economic conditions (Para 7)
4. final orders on revision petitions (Para 8 , 9 , 10)

Order

Mr. Aparesh Kumar Singh, CJ. - Heard learned counsel for both the parties.

2. Both the revision petitions are directed against the common impugned judgment dated 06.06.2023 passed by learned Judge, Family Court, Agartala, West Tripura In Crl. Misc. No.211 of 2020 instituted by the wife for maintenance under Section 125 of the Code of Criminal Procedure, 1973.

3. The wife is the petitioner in Crl.Rev.P. No.45/2023 being aggrieved by the quantum of maintenance of Rs.4,000/- per month plus Rs.2,000/- per month, which are the installments of arrears totaling Rs.1,40,000/- from the date of application i.e. 18.07.2020 payable in the Savings Bank Account of the petitioner-wife.

Petitioner in Crl.Rev.P. No.49/2023 is the husband aggrieved by the award of maintenance @ Rs.4,000/- per month.

4. Parties have been married since 1988. Both the son and the daughter born out of the marriage are major, and are living independently.

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