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HIGH COURT OF TRIPURA
AGARTALA
MAT. APP. NO.10 OF 2019
Sri Debasish Chakraborty,
S/O Late Nikhil Chakraborty,
R/O North Colony,
Quarter No.A112, ONGC Complex,
P.O. ONGC, P.S. Amtali,
District-West Tripura.
—-Appellant
Versus
Smt. Soma Bhattacharjee,
W/O Debasish Chakraborty,
R/O Gandhigram,
Near School Tilla,
P.S. Airport, P.O. Airport,
District-West Tripura.
—-Respondent
For appellant(s) : Mr. Arijit Bhowmik, Advocate
For respondent(s) : Mr. H.K. Bhowmik, Advocate
Date of Order : 29.05.2019
HON’BLE THE CHIEF JUSTICE MR. SANJAY KAROL
HON’BLE MR. JUSTICE ARINDAM LODH
ORDER
(Lodh, J)
This is an appeal under Section 19(1) of the Family
Courts Act, 1984 assailing the judgment and order dated
14.01.2019, passed in Civil Misc. No.95 of 2018, arising out of
T.S.(Divorce) No.251 of 2018, by the learned Judge, Family court,
Agartala, West Tripura, whereby the learned Court below directed
the appellant to pay maintenance of Rs.8,000/- per month and
litigation cost of Rs.5,000/- to the respondent.
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2. Heard Mr. Arijit Bhowmik, learned counsel appearing
for the appellant-husband as well as Mr. H. K. Bhowmik, learned
counsel appearing for the respondent-wife.
3. The main grievance of the appellant-husband is that
though the appellant is an employee of ONGC, Tripura, Agartala
and having salary of Rs.39,649/-, but, he receives only
Rs.19,338/- after various automatic deductions, amounting to
Rs.20,311/-. In this situation, the learned Judge, Family Court has
passed an order as stated above directing the appellant-husband
to pay maintenance pendente lite of Rs.8,000/- to the respondent-
wife. Learned counsel for the appellant has prayed for reducing
the maintenance allowance.
4. Per contra, Mr. H.K. Bhowmik, learned counsel
appearing for the respondent-wife has submitted that considering
the prevalent market and sky-high rise of prices in essential
commodities, even Rs.8,000/- is very minimum to lead a dignified
life, which is one of the essential features of SectionArticle 21 of the
Constitution of India.
5. We have perused the evidence on record and the
findings of the learned Judge, Family Court. We find that the wife-
respondent at present is staying in her parents’ house as she was
forced to stay over there. We also find that there are so many
bald allegations levelled against the wife-respondent that the
respondent-wife was not interested in having sex/physical relation
with the appellant-husband. Further, it has been alleged that the
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respondent-wife threatened the appellant-husband to commit
suicide.
6. We have perused the evidence led by the parties.
According to us, these allegations are not substantiated by cogent
evidence. These are the normal wear and tear of a marital life and
for this the wife should not be forced to be separated from the
appellant-husband. The wife is entitled to lead a life at par the
standard of the husband.
7. Having considered all aspects, we are not inclined to
interfere with the order passed by the learned Judge, Family Court
and, accordingly, the instant appeal is dismissed.
(ARINDAM LODH, J) (SANJAY KAROL, CJ)