RAKESH MIAH Vs. BABITA BEGAM
LAWS(TRIP)-2021-2-64
HIGH COURT TRIPURA
Decided on February 24,2021

Rakesh Miah Appellant
VERSUS
Babita Begam Respondents

JUDGEMENT

S.G.Chattopadhyay,J. - (1.) This Criminal Revision Petition has been filed by the husband petitioner challenging the order dated 03.07.2018 passed by the Family Judge, Udaipur in Gomati Judicial District in Criminal Misc. No.106 of 2017 granting monthly maintenance allowance @Rs.3,000/- to the wife respondent.
(2.) Heard Mr. D.C.Roy, leaned counsel on legal aid for the petitioner as well Mr. A.Acharjee, learned Advocate appearing for the wife respondent. Also heard Mr. S.Ghosh, learned Addl. PP for State respondent.
(3.) Brief facts of the case are as under: Smt. Babita Begam being the wife of Sri Rakesh Miah of Rajdhar Nagar, Kakraban of Gomati District, Tripura filed an application under Section 125 Cr.P.C in the Family Court at Udaipur on 15.11.2017 claiming maintenance allowance @Rs.7000/- per month to support herself alleging, inter alia, that after her marriage she accompanied her husband to his place and started discharging her matrimonial obligations. It was alleged by her that during their marriage, her parents gave valuables including jewelry, furniture, color TV and cash of a sum of Rs. 20,000/-. In spite of that, only few years after the marriage, her in laws started subjecting her to torture for bringing more money from her parents and ultimately on 12.06.2017 she was driven out of her matrimonial home. The hapless petitioner took shelter with her parents. Even after she was hospitalized for treatment, none came from her matrimonial home to see her. After she was driven out from her matrimonial home, her husband remarried one Smt. Golapi Begam and started living with her. In these circumstances, the petitioner instituted the case under Section 125 Cr.P.C. claiming maintenance allowance. It has been alleged by the petitioner that her husband is a mason who earns not less than Rs.20,000/- per month and thus he is quite able to maintain his wife. The wife on the other hand does not have income of her own to support herself. ;


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