2023 Supreme(Online)(TRI) 736
HIGH COURT OF TRIPURA
Smt. Usha Gupta – Appellant
Versus
Sri Bhupesh Chandra Gupta – Respondent
Crl.Rev.P. 45 2023
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HIGH COURT OF TRIPURA
AGARTALA
Crl.Rev.P. No.45 of 2023
Smt. Usha Gupta
.........Petitioner(s);
Versus
Sri Bhupesh Chandra Gupta
.........Respondent(s)
For Petitioner(s) : Mr. D.C. Roy, Advocate.
For Respondent(s) : Mr. S. Talapatra, Advocate,
Mr. Samar Das, Advocate.
Crl.Rev.P. No.49 of 2023
Sri Bhupesh Chandra Gupta
.........Petitioner(s);
Versus
Smt. Usha Gupta
.........Respondent(s)
For Petitioner(s) : Mr. S. Talapatra, Advocate,
Mr. Samar Das, Advocate.
For Respondent(s) : Mr. D.C. Roy, Advocate.
HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
13/10/2023
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.
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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. The
petitioner-wife has alleged extra marital relationship against her husband. She
has also instituted a CR(Misc.) No.40/2020, which is pending, alleging torture
and assault by the husband. Respondent-husband has alleged that she is living
separately without any sufficient cause.
5.
Respondent-husband is a government employee posted in the
Revenue Section in the office of the District Magistrate & Collector, West
Tripura, Agartala. He has taken a plea that he had purchased several lands out
of loan which has created a liability of about Rs.20 lakhs. The value of the
property is obviously about Rs.20 lakhs. Therefore, out of his meager salary of
Rs.38,000/- as a Group-D employee, he will not be able to meet the quantum of
maintenance awarded by the learned Trial Court. Both the parties have filed
their statement of assets and liabilities in terms of the judgment dated
04.11.2020 of the Apex Court in the case of Rajnesh v. Neha and another
reported in (2021) 2 SCC 324.
6.
I have considered the rival submission of the parties, gone through
the impugned judgment and also the pleadings placed from record. It appears
from the discussion made by the learned Family Court, Agartala in the
impugned judgment that the relevant factors for determination i.e. Point No. I,
II & III have been duly dealt with and addressed after going through the three
plaintiff witnesses adduced by the wife and the documents submitted by her; as
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also the three witnesses adduced by the husband and the exhibits such as
original salary certificate, sanction letter of housing loans, Account Statement
showing deductions of EMI and also the certified copies of the complaint
report. The points for determination framed by learned Family court are
reproduced hereunder :
“I.
Whether the petitioner is the legally married wife of the OP?
II.
Whether the OP-husband having sufficient means neglects or refuses
to maintain the petitioner?
III.
Whether the petitioner is entitled to maintenance from the OP and if
so, up to what extent?”
The learned Family Court has held that the marriage is not
disputed by either of the parties and further corroborated by the witnesses
adduced by them. Therefore, that fact need not be proved. So far as Poin