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Judgment
Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. A.G. Chowdhury, learned counsel and Mr. D.J. Saha, learned legal aid counsel appearing for the respondent.
By means of this petition, filed under Section 19(4) of the Family Courts Act, 1894, the judgment and order dated 16.05.2018 delivered in Misc.176 of 2017 by the Additional Judge, Family Court, Agartala, West Tripura has been challenged. It is essential to introduce the essential facts at the outset to appreciate the challenge. The respondent filed a petition under Section 125 of the Cr.P.C. alleging, inter alia, that the respondent is the legally married wife of the petitioner who is a medical officer serving in the Tripura Health Services but the petitioner has been refusing to maintain the respondent herein.
The respondent in her petition filed under Section 125 of the Cr.P.C. has categorically stated that after few years of their marriage, the relation faced some tremors. It become difficult to live in the matrimonial home as she was subjected to harassment both mentally and physically. But she had tolerated all the harassment thinking welfare of her children. But both the children are now well settled. The daughter is now serving as a teacher in a reputed school at Agartala, whereas her son is a doctor working in West Bengal. It has been admitted by the petitioner that on and from 14.08.2014, the respondent has been living separately from the petitioner. However, the petitioner has categorically stated that for no fault of the petitioner the respondent has left the matrimonial home. She has voluntarily left the society of the petitioner and as such, in terms of Section 125(4) of the Cr.P.C., the respondent is not entitled to get any maintenance.
Mr. A. Bhowmik, learned counsel appearing for the petitioner has submitted that the petitioner is due to retire within a year and at this age without a companionship it is very difficult to live a cared life. But the respondent has abandoned him without any reasonable cause. Thus, Mr. A. Bhowmik, learned counsel has urged this court that considering all these aspects including the various financial commitments, the petitioner has to fulfill, the order of maintenance as passed by the Additional Judge, Family Court, Agartala, West Tripura be interfered with.
Alternatively, he has urged this court to reduce the quantum of maintenance as he is required to repair or to carry out a massive repair of his work residence.
From the other side, Mr. A.G. Chowdhury and Mr. D.C. Saha, learned counsel appearing for the respondent have quite emphatically stated that the petitioner used to torture the respondent and forced her to leave his house with children. Mental stress and torture was so unbearable that the respondent left the matrimonial home. Mr. A.G. Chowdhury, learned counsel in particular has submitted that the respondent is required to spend a huge amount of money for her treatment.
Having all these aspects of the matter into consideration, this court is of the view that the quantum of maintenance as fixed by the Family Court is not exorbitant and it is proportionate to the modest need of the respondent. As such, this court is not inclined to interfere the order of maintenance as questioned by the respondent in this petition. However, it is made clear that if the petitioner retires from the service and cannot earn the equivalent amount of money that he is getting from his service, now he would be at liberty to approach the court in the changed circumstances for alternation of the maintenance allowance, proportionate to the pension and other income that the petitioner would garner.
Before parting with the records and responding to the request made by Mr. A. Bhowmik, learned counsel for the petitioner it is directed that in addition to the maintenance that has to be paid every month by the 7th day of every English calendar month, the arrear maintenance that has accrued and is payable in terms of the said order dated 16.05.2018 shall be paid in equal instalment of Rs.5000/- per month till the entire arrear is paid and the said additional amount shall also be paid by 7th day of every English calendar and preferably with the maintenance allowance. If the maintenance allowance and of the additional sum as directed to pay as part payment arrears is paid by the petitioner by 7th January, 2019, the respondent shall recall the proceeding for attachment without prejudice. If the payment is not made in terms of the above direction, the respondent shall be at liberty to continue with the said proceeding for enforcement of the maintenance order. The arrear allowance @ Rs.25,000/- shall be calculated from 17.05.2018.
Having observed thus, this petition is disposed of. There shall be no order as to costs.