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Judgments of Supreme Court of India and High Courts

Smt. Sampa Debnath vs Sri Uddhab Debnath on 2 May, 2020

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F.A. 13 of 2015

Smt. Sampa Debnath,
wife of Shri Uddhab Debnath, daughter of Shri Ranjit Debnath,
resident of Gandhigram, North Ramnagar (Argajmura),
P.O. Gandhigram, P.S. Airport, District- West Tripura
Sri Uddhab Debnath,
son of Shri Nityananda Debnath, resident of Murabari,
Ward no. 1,P.O. + P.S. Bishalgarh, District- Sepahijala, Tripura

For Appellant(s) : Mr. S. Bhattacharjee, Advocate
For Respondent(s) : Mr. AK Pal, Advocate
Date of hearing and delivery
of Judgment Order : 28.01.2020
Whether fit for reporting : No

Judgment Order (ORAL)

(Talapatra, J.)

Heard Mr. S. Bhattacharjee, learned counsel appearing for the

appellant as well as Mr. AK Pal, learned counsel appearing for the


2. 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


3. 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.

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4. 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.

5. 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.

6. 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
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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.

7. 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.

8. In the circumstances, we are persuaded to direct the

General Manager, BSNL, Agartala to deduct the amount from the
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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.

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

Draw the decree accordingly. Send down the LCRs forthwith.



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