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2025 DAILYLAW 1411 (TRI)

SMT. JAYA BISWAS v. SRI DULAL SARKAR AND ANR

Crl.Rev.P./69/2024 · 2025-01-08

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Judgment text

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HIGH COURT OF TRIPURA AGARTALA Crl.Rev.P. No.69 of 2024 Smt. Jaya Biswas,(aged about 22 years), W/o Sri Dulal Sarkar, D/o Makhan Biswas, C/o Helen Sarkar, resident of Shanmura, Kalikapur, near Shanmura School, P.O. Ramnagar-799002, P.S.- West Agartala, District- West Tripura .........Petitioner(s); Versus 1. Sri Dulal Sarkar, S/o Sri Anukul Sarkar, resident of Madhya Krishnapur, Pakpai, P.O. Maiganga-799205, P.S.- Teliamura, District- Khowai, Tripura 2. The State of Tripura .........Respondent(s). For Petitioner(s) : Mr. S. Lodh, Advocate, Mr. Subham Majumder, Advocate. For Respondent(s) : Mr. Raju Datta, Public Prosecutor, Mr. R. Saha, Advocate. HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 08/01/2025 By the impugned order dated 20.06.2024, the learned Family Court, Agartala, West Tripura has in Crl.Misc.(Int.) 490 of 2023 [arising out of Crl.Misc.489 of 2023] under Section 125 of the Code of Criminal Procedure, 1973 granted an interim maintenance of Rs.3,000/- per month in favour of the petitioner-wife against the respondent No.1-husband. She is aggrieved thereby. Mr. S. Lodh, learned counsel for the petitioner, submits that the respondent is a Graduate Teacher in a government school in Unakoti District and as per the statement of assets, his salary is about Rs.22,110/-. The meager interim maintenance allowed in her favour is, therefore, not sufficient to satisfy her needs and ensure sustenance. He further submits that the main matter is still pending. Mr. Raju Datta, learned Public Prosecutor, appears for the respondent No.2-State. Upon hearing learned counsel for the parties, this Court is of the considered view that instead of interfering in the grant of interim maintenance at this stage, which may further linger the proceedings before the learned Family Court in the main matter, it would be desirable that appropriate direction be issued upon the learned Family Court, Agartala, West Tripura to dispose of the proceedings under Section 125 of the Cr.P.C in Crl.Misc.489 of 2023 where the rights and liabilities of the parties are duly adjudicated upon on the question of grant of maintenance. Learned counsel for the petitioner does not have any objection if such a direction is issued. In that view of the matter, the instant petition is disposed of without interfering in the impugned order with a direction upon the learned Family Court, Agartala, West Tripura to endeavour to dispose of the main case i.e. Crl.Misc.489 of 2023 as expeditiously as possible, preferably within a period of 4(four) months from the date of receipt of copy of this order. Let it be made clear that this Court has made no comments on the merits of the case of the parties. (APARESH KUMAR SINGH), CJ Pijush/ DIPESH DEB Digitally signed by DIPESH DEB Date: 2025.01.10 16:23:02 +05'30'