Decided on October 30,2019

Menaka Debbarma Appellant
Sushil Debbarma Respondents


Arindam Lodh, J. - (1.)Heard Mr. Samar Das, learned counsel appearing for the petitioner.
(2.)This is a petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for intentional and deliberate violation of the judgment and order dated 30.04.2017 passed in Criminal Revision Petition no. 11 of 2019 [Smt. Menaka Debbarma and another v. Sri Sushil Debbarma].
(3.)The learned counsel for the petitioner has drawn my attention to the order dated 30.04.2017. The relevant portion of the order is reproduced here-in-below:
"11. Having due regard to the facts as narrated above, in my considered view, the learned Judge, Family Court while passing the order of rejection of maintenance in favour of the petitioner somehow had overlooked the answer of the petitioner No.1 in her cross-examination that she could not say whether Sushil Debbarma had his wife. Her said answer is enough to justify the submission of the learned counsel appearing for the petitioner that respondent-husband has concealed the fact of his earlier marriage with one Smt. Himani Debbarma in the year 2004.

12) Thus, I find infirmity in the findings of the learned Judge, Family Court that the petitioner could not make out a case that the fact of previous marriage of the respondent-husband was concealed from her. When I have held that the fact of the marriage was never divulged to the petitioner No.1 at the time of her marriage by the respondent-husband, she is entitled to get maintenance for her as well as for her daughter i.e., petitioner No.2 in conformity with the ratio of the decision of Nitya Gopal Sukladas (Supra).

13) Accordingly, I direct the respondent-husband, Sri Sushil Debbarma to pay maintenance of Rs.5000/- per month to Smt. Menaka Debbarma, petitioner-wife and Rs.3000/- per month to Miss Suari Debbarma, daughter of the petitioner, who was born out of their wedlock, with effect from this month. The concerned DDO is directed to remit the said maintenance amount (Rs.8000/-) only in the bank account of Smt. Menaka Debbarma, petitioner-wife, directly from the salary of Sri Sushil Debbarma, respondent-husband, a TSR jawan.

14) The petitioner-wife, Smt. Menaka Debbarma is directed to furnish the details of her bank account to the concerned DDO to ensure the payment as directed above".


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