LAWS(TRIP)-2016-8-16

SMT. SAMPA ACHARJEE Vs. SRI DIBAKAR ACHARJEE

Decided On August 23, 2016
Smt. Sampa Acharjee Appellant
V/S
Sri Dibakar Acharjee Respondents

JUDGEMENT

(1.) Heard Mr. S. Roy, learned counsel appearing for the petitioner as well as Mr. A. Sengupta, learned counsel appearing for the respondent.

(2.) By means of this petition filed under Section 19(4) of the Family Courts Act, the judgment and order dated 28.01.2014 delivered in Misc.258 of 2013 has been challenged by the petitioner being dissatisfied with the alteration made in the quantum of maintenance.

(3.) It appears from the records that the petitioner instituted a proceeding under Section 125(1) of the Cr.P.C., as she was living separately from the respondent, before the Judge, Family Court, Agartala, West Tripura, being Misc.273 of 2009. By the order dated 12.02.2013 the respondent was asked to pay a sum of Rs.2,000/ - per month for the petitioner. Having confronted with the stiff price situation, the petitioner approached the court of the Judge, Family Court, Agartala, West Tripura by filing a petition under Section 127 of the Cr.P.C. being Misc.258 of 2013 for enhancing the maintenance allowance. After consideration of the aspects of the change in the circumstances Judge, Family Court, Agartala, West Tripura by the impugned order enhanced the maintenance allowance from Rs.2000/ - to Rs.2500/ - with effect from 01.02.2014 and directed the respondent to remit the said amount to the petitioner's Savings Account No.8017012066500 maintained in the Tripura Gramin Bank, Badharghat branch within 10th day of every English calendar month. If for whatever reason, the said amount could not be remitted to her account, in the alternative it has been provided that the said amount can be sent by the Money Order and in that event the commission has to be borne by the respondent. The address of the petitioner has been given in the said order as under :