Advocates:
['Elizabeth Reang', '', 'Mr SUBRATA SARKAR', 'PIYALI CHAKRABORTY', 'Ms N DEBBARMA', 'PP', '', 'Mr S LODH', 'BIKASH PAUL']

CRP/28/2020 Page 1 of 16

HIGH COURT OF TRIPURA

AGARTALA

Crl.Rev.P.No.28 of 2020

Sri Dilip Debbarma

S/o Sri Hiran Debbarma,

Vill- Nalicherra,

P.S.- Ambassa, Dist.- Dhalai, Tripura

....................Petitioner(s)

Versus

Smt. Shibani Debbarma and Anr.

W/o Sri Dilip Debbarma

Vill - Lathabari,

P.S.- Champahour,

Dist.-Knowai, Tripura

2.

The State of Tripura Represented by PP,

High Court of Tripura, Agartala.

..................Respondent(s)

For the Petitioner(s)

: Ms. Monalisha Pal, Adv.

For the Respondent(s) : Mr. S.Ghosh, Addl. PP

Mr. K.Saha, Adv.

Whether fit for reporting: No.

B E F O R E

HON’BLE MR. JUSTICE S.G.CHATTOPADHYAY

Judgment and order(Oral)

24.02.2021

[1]

This Criminal Revision Petition has been filed

under Section 397 read with Section 401 of the Code of

Criminal Procedure, 1973 (Cr.P.C. in short) against the

impugned judgment and order dated 14.02.2020 delivered

by the Sessions Judge, Khowai Judicial District in Criminal

Appeal. No.05 of 2019.

CRP/28/2020 Page 2 of 16

[2]

The said appeal arose out of the judgment and

order dated 10.05.2019 passed by the Judicial Magistrate,

First class, Khowai, in case No. Criminal. Misc. (D) 8 of

2018 whereby the trial court granted the following reliefs to

the respondent wife in a proceeding under the Protection of

Women from Domestic Violence Act, 2005(DV Act, in

short):

i)Monetary relief @Rs.20,000/- per month for the

respondent wife and her son under Section 20 of

the DV Act.

ii)A sum of Rs.1500/- per month under Section

19(6) of the DV Act for paying the rent of the

house which was rented by the respondent wife.

iii)Protection order under Section 18 of the DV

Act directing the husband to abstain from

committing any act of domestic violence on the

petitioner.

[3]

The husband being the petitioner challenged the

said judgment of the trial court in appeal before the

Sessions Judge, Khowai Judicial District at Khowai and the

learned Sessions Judge

by the impugned judgment

aforesaid partly allowed the appeal of the husband by

CRP/28/2020 Page 3 of 16

modifying the order of the trial court and directing as

follows:

i)The husband was directed to pay Rs.15,000/-

for the maintenance of the petitioner and her

minor son instead of Rs.20,000/-

ii)The direction of the trial court for payment of

monthly house rent @Rs.1500/- to the wife for

payment of house rent was upheld by the

appellate court.

[4]

Aggrieved by and dissatisfied with the said

judgment of the learned appellate court, the husband has

impugned this judgment by filing this criminal revision

petition mainly on the following grounds:

i)The appellate court did not consider the fact

that the husband was also maintaining his old

and ailing parents.

ii)The appellate court did not also consider the

fact that the husband led adequate evidence in

the

trial

court

and

proved

that

his

wife

committed

cruelty

on

him

and

ultimately

deserted him for which he filed a petition in the

competent court seeking decree of divorce.

CRP/28/2020 Page 4 of 16

iii)No rationale was followed by the trial court a