Sampa Debnath vs Uddhab Debnath

S. Talapatra, J

Heard Mr. S. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. AK Pal, learned counsel appearing for the respondent.

By means of this appeal filed under Section 19(1) of the Family Courts Act, 1984, the judgment dated 06.10.2015 delivered in case No. T.S. (Divorce) 382 of 2013 has been challenged.

Pursuant to the said judgment dated 06.10.2015, the decree of divorce was issued by dissolving the marriage between the appellant and the respondent.

Being aggrieved, the appellant had filed this appeal but, when she came to know that the respondent, the petitioner in T.S. (Divorce) 382 of 2013 has contracted marriage after the divorce she had abandoned the main relief. The parties before us agreed to confine the appeal to the limited point in respect of granting permanent alimony in favour of the appellant.

From the order dated 10.10.2018 (in F.A. 13 of 2015), it appears that the respondent has been perennially defaulting in payment of the monthly maintenance allowance. By the said order dated 10.10.2018, the respondent was directed to pay Rs. 6,000/- per month out of which Rs. 2,000/- as the monthly maintenance allowance and the remaining Rs. 4,000/- on account of paying the arrears of the maintenance. It has been further directed that after deducting the said amount, the General Manager, BSNL, Agartala shall remit the said amount to the savings account no. 32750940588 (CIF no. 86569756652), State Bank of India, Gandhigram Branch. Till the arrear of maintenance is paid, the said direction shall continue to operate. After recovery of the arrears only a sum of Rs. 2,000/- would be deducted from the monthly salary of the respondent and remitted to the appellant as the maintenance pendent lite.

This court has put its best effort to bring the parties to an agreement but, there had been no agreement in respect of the permanent alimony. For unreasonable stance of the respondent, no consensus was possible. The respondent had only offered a sum of Rs.60,000/- as permanent alimony to the appellant. At one point of time, even the appellant had come forward with a proposal that she is ready to give up the due amount and would like to settle with a sum of Rs. 2 lakhs. But, as stated, even that amount was also not accepted by the respondent. As such, we have taken up the matter to determine the monthly maintenance allowance to be provided by the respondent to the appellant.

Having due regard to the monthly income of the respondent, we are of the view that a sum of Rs. 3,000/- per month shall be paid to the appellant as the monthly maintenance w.e.f. 01.02.2020. Since Mr. Bhattacharjee, learned counsel has submitted that the outstanding maintenance allowance has not been paid as yet in full by the respondent, this court has taken up an exercise to find out the exact outstanding of the maintenance till 31.01.2020. The amount that has been calculated as outstanding is Rs. 38,000/-. To pay the outstanding, the respondent shall pay an additional amount of Rs. 3,000/- per month along with the maintenance allowance as determined above. Thus, the total amount to be paid per month is Rs. 6,000/- to the appellant. Such payment will continue for next 12 months. The outstanding amount on such deduction would come to Rs. 2,000/- which the respondent shall pay on the 13th month along with the maintenance allowance and hence, in that month, a sum of Rs. 5,000/- be paid to the appellant. Thereafter, only the maintenance allowance at Rs. 3,000/- shall be deducted or paid to the appellant.

In the circumstances, we are persuaded to direct the General Manager, BSNL, Agartala to deduct the amount from the salary of the respondent and remit the same to the Savings Bank account of the appellant bearing no. 32750940588 (CIF no. 86569756652) in the State Bank of India, Gandhigram Branch within the 7th day of the English calendar month. Such remittance shall be made regularly without delay. Due instruction should be sent to the concerned bank to remit the amount in terms of the above to the said bank account of the appellant. It is made abundantly clear that the maintenance allowance of Rs. 3,000/-shall be paid to the appellant until further order. For any reason, there emerges any difficulty in making the remittance, the respondent shall send the amount to be paid to the appellant within the stipulated time.

In terms of the above, this appeal is disposed of.

Draw the decree accordingly. Send down the LCRs forthwith.