S.G.CHATTOPADHYAY,J. - (1.)This criminal revision petition is directed against the order dtd. 27/7/2021 passed by the Family Court, Agartala in Crl. Misc.603 of 2019 whereby the Family Court has directed the petitioner to pay monthly maintenance allowance of a sum of Rs.10,000.00 to his son Arpit Barman w.e.f. 1/10/2019 by depositing the same in the bank account of his mother who is the divorced wife of the petitioner.
(2.)The fact of the case in brief is that marriage between the petitioner and Smt. Helan Sarkar was dissolved on mutual consent by a judgment dtd. 28/9/2016 passed by the Family Court, Agartala in Title Suit (Divorce) 351 of 2015 and at the time of granting divorce, permanent alimony payable to the wife of the petitioner was settled at Rs.3,50,000.00 which has already been paid by the petitioner to his divorced wife Smt. Helan Sarkar. It was also settled between the parties that their son would live with his mother. Pursuant to the decree of divorce, the spouses were separated from each other and they started living separately. The petitioner husband has, by this time, remarried. On 1/10/2019, divorced wife of the petitioner filed a petition in the Family Court, Agartala alleging that the petitioner (her former husband) was not providing any support for maintenance of their son Arpit Barman. She claimed a monthly sum of Rs.10,000.00 for maintenance of their son who was living with his mother in terms of the settlement arrived at the Family Court at the time of granting decree of divorce on mutual consent.
(3.)In support of her claim, wife (respondent) examined herself as PW-1 and she submitted various documents including the medical prescriptions and cash memos of medicines to show that regular expenditure is being incurred by her for treatment of her son Arpit. She also claimed that her former husband was a constable in Tripura State Rifles and his gross monthly salary was Rs.35,000.00.
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