AMIT KUMAR ROY Vs. LIPIKA BANIK ROY

JUDGEMENT

(1.) This criminal revision is filed under Sec. 397 of Cr.P.C. for setting aside the judgment and order dtd. 11/7/2022 passed by Learned Additional Judge, Family Court, Agartala, West Tripura in case No.Crl.Misc.462 of 2019. By the said order Learned Additional Family Judge, Agartala has directed the petitioner-husband to pay Rs.3,000.00 per month to the respondent No.1 i.e. wife and Rs.5,500.00 to the respondent No.2 i.e. the minor daughter in total Rs.8,500.00 from the month of July 2022 onwards.

(2.) Heard Mr. Kundan Pandey, Learned Counsel for the petitioner-husband. Also heard the submission of Mr. D. Ghosh, Learned Counsel for the private respondents No.1 and 2 and Mr. S. Ghosh, Learned Additional P.P. for the State. Before entering into the merit, let us discuss the subject matter of the dispute amongst the parties. The respondent No.1, i.e. wife, Smt. Lipika Banik(Roy) filed one case on behalf of herself and for the minor daughter Abantika Roy against her husband Sri. Amit Kumar Roy under Sec. 125 Cr.P.C. seeking maintenance at the rate of Rs.20,000.00 per month.

(3.) The gist of the petition filed by the respondentwife in short, is that, her marriage was solemnized with the present petitioner-husband on 24/11/2005 as per Hindu Marriage Rites and Customs in presence of relatives and well-wishers of both the sides and after the marriage she went to her matrimonial home at RouthKhala, Bishalgarh and started resuming conjugal life with her husband. After that they resumed conjugal life for certain period peacefully, thereafter, the wife-respondent observed that her husband started misbehaving with her on petty matters, even, one day, she was severely assaulted on the issue of attending marriage ceremony of one of her relatives. After that, the matter was mitigated by the intervention of her parents-inlaw but after coming back from the marriage, the husbandpetitioner herein misbehaved with her with filthy languages and again assaulted her. Thus, she could realize that her husband was a man of short temperament. After one year of their marriage, the O.P. wife became pregnant and during that period, the husband-petitioner did not take any care of her for her medical checkup and medication. It was further asserted that during the period of her pregnancy, her husband also assaulted her, in case of her inability to perform household works. One day, during the advanced stage of her pregnancy, again she was severely assaulted by the petitioner-husband and for that the neighbouring persons had to intervene to mitigate the dispute. On 5/10/2007 she delivered one girl child and after that she went to her father's house and stayed therein for two months. That time also her husband abused her over telephone stating that she was avoiding to perform household works. During that period, her husband never enquired about her, nor came to his in-laws house to see her and the minor baby. After that, she returned back to her matrimonial home, when thereafter, so many incidents took place on different dates and the petitioner-husband dragged her from his residence for which the wife-respondent was compelled to come back to the residence of her father and stayed therein for eight months. But the petitioner-husband that time also did not take any care for his wife and after that in the month of August 2008, the family members of both the parties held a meeting when the petitioner-husband assured that he will not cause any cruelty upon his wife and then she came back to her matrimonial home again. Few days were elapsed peacefully and again the petitioner husband started causing mental cruelty upon the wife-respondent, not only that the mother-in-law of the wife-respondent used to instigate her son for causing cruelty upon the wife-respondent. In the year 2010, the marriage of the younger sister of the respondent-wife was fixed, for which her parents came to her matrimonial home for invitation. That time the petitioner-husband assaulted them saying that they had made false statement at the time of meeting and that he will never attend the marriage ceremony and also will not allow the wife-respondent to attend the marriage. But as the wife-respondent went to attend the marriage, that time the petitioner-husband abused her over telephone by filthy languages. On 4/12/2010, the petitioner-husband came to her father's house under influence of alcohol and started assaulting her physically in presence of everybody and damaged her mobile phone. And Since then, the wiferespondent has been staying in the residence of her father. Later on, she became ill when her father-in-law along with others came to see her and requested her to return back to her to matrimonial home. The petitioner-husband also came and requested her to resume conjugal life and after that considering the future of the minor daughter and with a hope for living peaceful conjugal life, again she went to her matrimonial home but thereafter, also the same episode continued and after that on 6/10/2018 at about 4 a.m the petitioner-husband woke up suddenly from his sleep and severely assaulted the wife-respondent physically and dragged her out of his house. It was stated that the petitioner-husband also threatened to kill the wiferespondent after knowing the fact that she was trying to inform the matter to her brother. In such a situation, finding no other alternative, the wife-respondent stated to have taken shelter at her father's house on 11/12/2018 along with her minor daughter. On 6/1/2019, the petitioner-husband came to the father's house of the wife-respondent and tried to assault her but she was saved by the intervention of her parents and local people.