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Judgment
Heard Mr. RG Chakraborty, learned counsel appearing for the petitioner-husband. Also heard Mr. S. Debnath, learned Addl. PP appearing for the State-respondent and Mr. S. Datta, learned counsel appearing for the respondent-wife.
This criminal revision petition has been filed under Section 397 read with section 401 Cr.P.C. and under Section 19(4) of the Family Courts Act, 1984, challenging the judgment and order dated 09.01.2020 passed by the learned Judge, Family Court, Agartala, West Tripura, in case no. Misc. 235 of 2018 wherein the petitioner-husband has challenged the order of maintenance to the tune of Rs. 4,000/- per month.
The principal ground, as urged by Mr. RG Chakraborty, learned counsel for the petitioner is that the petitioner-husband has been suffering from mental retardation, which he has substantiated by annexing the disability certificate (Annexure 5 to the petition) issued by the District Disability Medical Board, West Tripura, Agartala. It is noted in the disability certificate that the petitioner-husband has been suffering from 50% mental retardation. Mr. Chakraborty, has further submitted that when the petitioner-husband was in good condition to some extent he used to work in a shop as a labour but, due to the present pandemic situation, he has lost his job long back. Mr. Chakraborty, has also submitted that at present the petitioner-husband has got no income and his mental condition has also deteriorated.
Mr. S. Datta, learned counsel has submitted that since filing of the maintenance application, the petitioner-husband has not paid any maintenance allowance towards the respondent-wife.
It has been surfaced from the submission of the learned counsel appearing for the parties to the lis that the disability certificate issued by the District Disability Medical Board, West Tripura, Agartala in favour of the petitioner-husband was not produced before the learned Judge, Family Court, Agartala, West Tripura at the time of adjudication of the matter.
Without entering into the merit of the case, this court is of the view that the matter should be remanded back to the learned Judge, Family Court, Agartala, West Tripura for fresh determination of the matter after taking fresh evidence on behalf of the parties.
Accordingly, the matter is remanded back to the court of learned Judge, Family Court, Agartala, West Tripura and the learned Judge, Family Court considering the present pandemic situation shall take the evidence afresh regarding income of the petitioner-husband. It is made clear that none of the observations made in this order shall affect the judgment of the learned Judge, Family Court.
Consequently, the order dated 09.01.2020 passed by the learned Judge, Family Court in case No. Misc. 235 of 2018 is set aside.
With the aforesaid direction, the instant criminal revision petition stands disposed of.