Nantu Saha v. Mistu Saha

THE HIGH COURT OF TRIPURA AGARTALA CRL. REV. P. 26 of 2012 Sri Nantu Saha, S/O late Sashi Mohan Saha,resident of Professor Para, College Tilla, P.O. Agartala College, P.S. East Agartala, District- West Tripura.

... Petitioner.

- Versus - Miss Mistu Saha, D/O Sri Nantu Saha,resident of Abhoynagar, Sukanta Pally, P.O. Abhoynagar, P.S. West Agartala, District- West Tripura.

... Respondent.

BEFORE

THE HON'BLE MR. JUSTICE U.B.SAHA For the petitioner : Mr. RKP Singh, Advocate.

For the respondent : None.

Date of hearing & delivery of Judgment and Order : 30.11.2015.

Whether fit for reporting : YES / NO JUDGEMENT AND ORDER (ORAL) The instant criminal revision petition is filed under Section 19(4) of the Family Courts Act, 1984 challenging the order dated 29.03.2012 passed by the learned Judge, Family Court, Agartala, West Tripura, in case No. Misc. 338 of 2011 whereby the learned Family Judge enhanced the maintenance amount from Rs.1,200/- to Rs.3,000/- per month.

2. The facts of the case, in short, is that Miss Mistu Saha, daughter of the petitioner was getting maintenance of Rs.1,200/- per month as per order of the Hon'ble Gauhati High Court vide Order dated 27.07.2007 passed in criminal revision petition no. 95 of 2005. She also received Rs.500/- as arrear of the maintenance, in total Rs.1,700/- per month. Thereafter, an application for enhancement

was filed for enhancement of Rs. 1,200/- to Rs.6,000/- per month on the ground that the order was passed by the Hon'ble High Court on 27.07.2007 and in the mean time the cost of essential commodities has increased to a large extent and it is not possible on the part of the mother of the respondent to maintain her with an amount of Rs.1,200/- per month.

3.

The learned Judge, Family Court, Agartala, West Tripura after hearing the parties and taking note of the cost of essential commodities, as increased to a large extent, enhanced the maintenance amount from Rs.1,200/- per month to Rs.3,000/- per month and accordingly directed the Executive Officer, Agartala Municipal Council to arrange deduction of Rs.3,000/- per month w.e.f. 01.04.2012, as recovery of maintenance from the salary of the petitioner who was opposite party in the Misc. case and sent the same to the Savings Bank account of the mother of the petitioner. Hence, the instant revision petition.

4.

Heard Mr. RKP Singh, learned counsel appearing for the petitioner, at length who submits that the petitioner has already retired from service on superannuation, thus the order of enhancement of the maintenance amount passed by the learned Family Judge, may be interfered with .

5.

This court has gone through the order passed by the learned Family Court, Agartala, West Tripura. According to this court, the learned Judge, Family Court did not commit any wrong while enhancing the amount of maintenance from Rs.1,200/- per month to Rs. 3,000/- per month.

6.

Thus, according to this Court, the instant criminal revision petition is devoid of merit. Hence, the same is dismissed. Send down the LCRs forthwith.

JUDGE Saikat