LAWS(TRIP)-2016-6-5

SRI HARILAL SARKAR Vs. SMTI. SUBHRA SARKAR (CHOUDHURY)

Decided On June 14, 2016
Sri Harilal Sarkar Appellant
V/S
Smti. Subhra Sarkar (Choudhury) Respondents

JUDGEMENT

(1.) This is an appeal from the order dated 20.03.2015 delivered in Case No. Misc. 72 of 2012 by the Judge, Family Court, Agartala, West Tripura under Section 25(2) of the Hindu Marriage Act.

(2.) By the said order dated 20.03.2015, the maintenance allowance from Rs.4000/ - per month as determined on mutual consent by the appellant and the respondent by way of settlement, which has been recorded in the joint compromise petition (solenama) filed in Title Suit (Divorce)183 of 2010, has been enhanced to Rs. 6000/ - per month in favour of the respondent.

(3.) The facts are mostly admitted. The respondent wife filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 being Title Suit (Divorce) 183 of 2010. In the pendency, both the appellant and the respondent struck a settlement towards the divorce on the terms and conditions, inter alia, that the appellant shall pay the fixed maintenance at Rs. 4000/ - per month to the respondent and her minor daughter namely Ms. Anamika Sarkar and as such the amount of maintenance shall be treated as fixed and final.