SHYAMAL KUMAR DEB Vs. SAMAPATI DAS

JUDGEMENT

(1.) This instant revision petition has been filed under Sec. 397 of the Code of Criminal Procedure read with Sec. 19 Sub-Sec. 4 of the Family Courts Act, a gainst the ex-party order dtd. 1/10/2021 passed by the Addl. Judge, Family Court, Agartala in Misc. Maintenance 194/2021.

(2.) Heard Mr. S. Chakraborty, learned counsel appearing for the petitioner herein.

(3.) It is the case of the petitioner herein that the respondent-wife herein had filed an application seeking maintenance before the Court below. Initially, the Court below had granted Rs.4,000.00 per month towards maintenance but as a final order, Court below awarded Rs.10,000.00 per month as maintenance to be paid by the petitioner-husband. The Court below at the time of passing the order has not given an opportunity to the petitioner to explain the matter in his defence. It is a gross violation of the principles of natural justice. The petitioner is earning Rs.12,000.00 per month as per the certificate enclosed by the concerned revenue authority.