Man Can't Ignore Responsibility To Maintain Divorced Wife & Daughter On The Ground Of Inadequacy Of Carry Home Pay: Tripura High Court

The Bench of Justice S. G. Chattopadhyay was hearing a criminal revision petition, wherein the divorced wife challenged the order of Family Court, Agartala whereby the monthly maintenance allowance payable to her was enhanced from Rs.5000/- to Rs.8000/- declining her request for enhancing the amount from Rs.5000/- to Rs.23,500/- per month.

Facts in brief

The Couple got married in on 02^nd February 2003 and a daughter was born to them within their wedlock. Few years thereafter, matrimonial dispute developed between them for various reasons and the wife left the company of her husband along with her daughter and started living with her parents.

On the application of the Husband, the Family Court, Agartala passed a decree of divorce dissolving their marriage on 16^th September 2010 and while decreeing the suit for divorce, the Family court allowed monthly maintenance allowance of Rs.5,000/- to the petitioner

In the year 2018, she filed a petition in the Family Court for raising her monthly maintenance allowance from Rs.5,000/- to Rs.23,500/- per month. The husband argued before the Family Court that his divorced wife (the petitioner) had income from her employment and she was quite able to maintain herself.

The Family Court noted that his monthly salary was Rs.62,400/- and after considering the amount of his carry home pay after deduction and the rising needs of the petitioner and her daughter, enhanced the amount of maintenance allowance from Rs.5000/- to Rs.8000/- per month though the wife claimed Rs.23,500/- per month.

Arguments put forth by the Husband before the High Court

The husband stated before the Court that after the divorce with the petitioner, he remarried and his present wife is a dependent of him. The husband also stated that both he and his present wife suffer from various kinds of ailments for which they have a recurring medical expenditure.

Court's Observations

Noting that there was no proof of any serious ailment of them, the Court said,

"His divorced wife i.e. the petitioner on the other hand is struggling with their daughter for survival. Admittedly, the daughter is a school going child and Rs.8,000/- which has been sanctioned by the Family Court is not at all adequate for them particularly when the husband is capable of paying more."

The court, in its Judgment, also noted that there cannot be any denial of the fact that Rs.8,000/- per month is far less than adequate for the petitioner to maintain herself and her daughter who is a school going child.

Importantly, the Court said

"Though (the husband) earns Rs.62,400/- per month his carry home pay has been reduced due to contribution of Rs.15,000/- to GPF and GPF recovery of Rs.10,000/-. The husband can bring down these amounts by contributing less to GPF and raising the number of instalments for recovery of loan taken from GPF. He cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay."

Lastly, the husband was directed to an amount of Rs.17,000/-(rupees seventeen thousand) to the petitioners as monthly maintenance allowance by depositing the money in the savings bank account of the wife.

Also, it was directed that maintenance allowance at the enhanced rate ordered by the Court shall be paid w.e.f. the date of the impugned order i.e. from 30^th May 2019.

Case title - Supriya Bhattacharjee and another v. Debabrata Chakraborty [Crl. Rev. P No.55/2019]

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