U.B.SAHA, J. - (1.) THE instant revision petition has been filed by the petitioner Bishu Dhar for quashing the impugned judgment and order of maintenance dated 8. 1. 2008 passed by the learned Judge, Family Court, South Tripura, Udaipur in Misc. FC (S)/73/2006 whereby and whereunder the petitioner was directed to pay maintenance of Rs. 4500/- only per month to the wife, opposite party herein, and two children @ Rs. 1500/- each, with effect from 1. 1. 2008 which was directed to be sent to the opposite party, the two children being minor, by money order within 10th day of every English calendar month in her address mentioned in the judgment.
(2.) HEARD Mr. S. Talapatra, learned senior counsel assisted by Mr. S. Sarkar, learned Counsel for the husband revision petitioner as well as Mr. N. C. Pal, learned Counsel for the wife Opposite Party. The material facts, which needed to be discussed for disposal of the instant petition, in brief, are as under : That the wife opposite party was married with the petitioner on 14th Falguna of 1403 B. S. as per Hindu rites and customs in her father's house at No. 2 Fulkumari under Udaipur Sub-Division. In that marriage, valuable articles such as golden ornaments, fridge, colour T. V. , VIP sofa were gifted along with cash amount of Rs. 50,000/ -. After the marriage, the wife opposite party went to the house of the husband petitioner and started living there as husband and wife. Due to their wedlock, one daughter, now aged about 8 years and one son, now aged about 4 years were born. It has been alleged that during this period, the opposite party was subjected to torture both mentally and physically by the husband petitioner and other family members for bringing money amounting to Rs. 15,000/- and after delivery of the son, she was tortured for bringing money amounting to Rs. 1,00,000/ -. It has further been alleged that on 7. 3. 2006 at about 6 a. m. the petitioner along with other family members inhumanly tortured the petitioner by giving kicks and blows asking for bringing money and ultimately, on that very date, the husband petitioner had driven out the wife opposite party from his house and she was compelled to leave the matrimonial home along with her two minor children. After coming to Udaipur in her parental house, she had to be admitted to Tripura Sundari District Hospital for treatment of such torture. It has also been alleged that the wife O. P. came to her house at Udaipur on 11. 3. 2006 and there also the husband petitioner physically assaulted her. The said incident of torture was informed to the local people and other relatives of the petitioner, but she got no redress. It has been stated that the husband petitioner is a well-to-do person who has his house at Agartala and in Kolkata and he owns one car (Tata Indica), one bike and a good decorator business out of which he has been earning about Rs. 40,000/- per month, but he did not care to visit the house of the wife O. P. at Udaipur and like to pay any maintenance to the wife O. P. and two minor children living with her. Therefore, the wife O. P. was compelled to face starvation along with her two minor children in the house of her ailing and old mother who has no source of income. Hence, the petitioner filed the maintenance petition for getting maintenance of Rs. 10,000/- per month from the husband petitioner for maintaining herself and two minor children.
(3.) THE husband petitioner, on receipt of the notice, appeared before the Family Court, Udaipur on 12. 7. 2006 and on the same day, the learned Judge, Family Court, Udaipur directed the husband petitioner to pay interim maintenance of Rs. 3,000/- to the wife O. P. and two children per month. The petitioner contested the case by filing written objection by which all allegations levelled against him by the wife O. P. were denied. It has been stated in the written statement that he did never torture the wife O. P. for bringing money from the house of his wife.;