HIGH COURT OF TRIPURA

AGARTALA

Crl. Rev. P. No. 05 of 2020

1.Smt Uma Majumder (Das) W/o. Sri Subrata Das, of Chanban, P.S.

R.K.Pur, Udaipur, District- Gomati Tripura At present Care of Tarini

Kumar Das, R/O Udaipur, Santipalli, P.O. and P.S. R.K.Pur, District-

Gomati, Tripura

2.Smt Souramin Das,

D/o. Sri Subrata Das, Chanban, P.S. R. K. Pur,

Udaipur, District- Gomati Tripura At Present- Care of Tarini Kumar Das,

R/o. Udaipur, Santipalli, PO and PS. R.K.Pur, Dist. Gomati Tripura. (The

Petitioner No. 2 is minor daughter and the Petitioner No. 1 being

mother(the natural guardian) representing this case on behalf of the

Petitioner No. 2).

--------Petitioner(s)

Versus

1.Sri Subrata Das S/o.Sri Swapan Das, Resident of Chanban, P.S.

R.K.Pur, Udaipur, District- Gomati, Tripura At present East Chataria

(Near

Burir

Math)

P.S.

R.K.Pur,

Udaipur,

Gomati

Tripura

2.The State of Tripura represented by PP, High Court of Tripura,

Agartala

-------Respondent(s)

B E F O R E

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

For Petitioner(s)

:

Ms. R.Majumder, Adv.

For Respondent(s)

:

Mr. S.Debnath,Addl. P.P.

Date of hearing

:

07.07.2021

Date of delivery of

:

11.08.2021

Judgment

Whether fit for reporting:

Yes/No

J U D G M E N T

[1]

By means of filing this criminal revision petition under

Section 397 read with Section 401 and 482 of the Code of Criminal

Procedure,1973(Cr.P.C hereunder) and Section 19(4) of the Family Courts

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Crl.Rev.P.5/2020

Act, petitioner has challenged the order dated 18.07.2019 passed by the

Family Court, Udaipur in Criminal Misc. (Exe.) 118 of 2018 whereby and

whereunder the Family Court has rejected the claim of the petitioners for

recovery of arrear maintenance observing that petitioners are not entitled

to the recovery of such arrear maintenance as their claim is time barred

under Section 125(3) Cr.P.C.

[2]

A brief resume of the background facts would be necessary

for deciding the case which is as under:

Petitioner Smt. Uma Majumder(Das) is the wife of the

respondent and minor petitioner Ms. Souramin Das is their daughter.

Claiming maintenance allowance for herself and their daughter, petitioner

wife Smt. Uma Majumder(Das) approached the Family Court at Udaipur

by filing a petition under Section 125, Cr.P.C. which was decided by the

Family Court by a brief order dated 25.04.2013 [Annexure-1] passed in

Criminal Misc. No.FC/UDP/67/2012 granting maintenance allowance of

a sum of Rs.1,000/- to the wife and Rs.2,000/- to the child w.e.f the date

of filing of the said petition and it was ordered by the Court that the arrear

maintenance would be paid by the husband in 10 equal installments.

Husband having defaulted in complying with the said order petitioner

filed a petition under Section 125(3) Cr.P.C for recovery of arrear which

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Crl.Rev.P.5/2020

was registered as FC/UDP/3/17 (Ex). During the pendency of such

petition petitioner further approached the Family Court by filing a petition

on 05.05.2016 seeking enhancement of the allowance. Petitioner claimed

enhancement of her monthly maintenance allowance from Rs.1000/- to

Rs.3,000/- and for her daughter she claimed enhancement from Rs.2,000/-

to Rs.8000/-. By a detailed judgment dated 06.03.2017 in Crl.Misc. FC/

UDP/56/2016, Family Court enhanced her maintenance allowance from

Rs.1,000/- to Rs.1500/- and that of her daughter from Rs.2,000/- to

Rs.3000/- and it was ordered that the respondent husband would pay a

total sum of Rs.4500/- to the wife for maintenance of herself and her

daughter.

[3]

Husband having defaulted in paying the maintenance

allowance at the enhanced rate in terms of the said order dated

06.03.2017, petitioner filed successive petitions in the Family Court

seeking enforcement of the order in terms of Section 125(3) Cr.P.C. In

Crl.Misc (Execution) 40 of 2018 whic