w w w . L a w y e r S e r v i c e s . i n



Lipika Dey (Saha) v/s Babul Kumar Saha


Company & Directors' Information:- DEY ' S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022AS2001PTC006453

Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- B DEY (INDIA) PVT LTD [Active] CIN = U50300WB1951PTC020173

Company & Directors' Information:- S C DEY & CO PVT LTD [Active] CIN = U15209WB1989PTC047623

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- B L DEY PVT LTD [Active] CIN = U51909WB1943PTC011302

Company & Directors' Information:- K K SAHA AND CO PVT LTD [Strike Off] CIN = U51109WB1938PTC009499

Company & Directors' Information:- DEY & CO PVT LTD [Strike Off] CIN = U27209WB1948PTC017442

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- DEY & CO LTD [Strike Off] CIN = U51900WB1948PLC020916

    Crl. Rev. P. No. 73 of 2019

    Decided On, 10 February 2020

    At, High Court of Tripura

    By, THE HONOURABLE MR. JUSTICE S. TALAPATRA

    For the Petitioner: R. Purakayastha, Advocate. For the Respondent: I Chakraborty, Advocate.



Judgment Text


Judgment & Order (Oral)

Heard Ms R Purakayastha, learned legal-aid counsel appearing for the petitioner as well as Mr. I Chakraborty, learned counsel appearing for the respondent.

This is a revision petition under Section 19(4) of the Family Courts Act, 1984 from the order dated 20.08.2019 delivered in Crl. Misc. 64 of 2018 by the Judge, Family court, Udaipur, Gomati, Tripura.

The petitioner claims to be the married wife of the respondent and she had to leave the matrimonial home on being physically tortured by the respondent who, according to her, is a “habitual drunkard”. That apart, the petitioner was mentally harassed and tortured. The petitioner has further submitted that earlier the respondent married another lady namely, Ashima Banik. Without finding any matrimonial peace, the petitioner had started to live in her parental house. The Petitioner does not have any means to maintain herself and thus she set a proceeding under Section 125 CrPC and also under the Protection of Woman from Domestic Violence Act, 2005 in motion. When the respondent gave an unqualified assurance that he would look after the petitioner, the petitioner went to the matrimonial home but again she was driven out from the matrimonial home being brutally tortured. According to the petitioner, the respondent is a medicine vendor and has steady earning. He is in a position to maintain her but he deliberately neglects to maintain her.

It appears from the impugned order dated 20.08.2019 that the respondent while resisting the claim of the petitioner herein, has stated that the petitioner is the married wife of one Goutam Sarkar and that marriage is still subsisting. Apart that, the petitioner had developed an illicit relation with another person. The name has been reflected in the said order. That person, according to the respondent, is a jawan of the Border Security Force (BSF). According to the respondent, the petitioner stayed with that person for five months in Punjab and Silchar. The respondent filed a complaint on elopement being Cr.07(CC)2016 in the court of the Chief Judicial Magistrate, Udaipur under Section 366/342/323/380 of the IPC. The respondent has stated that their minor son is living with him.

On recording the evidence, both oral and documentary [vide the testimonies of the petitioner (PW1), one Rina Dey (PW2), one Subhankar Das (PW3) and the respondent (OPW1), one Pratima Das (OPW2) and Swadesh Das (OPW3)] the family court passed the impugned order.

According to the petitioner, their marriage was solemnized on 28.11.2009 as per Hindu rites and customs at Matabari Temple and from that wedlock their son was born. It has been also stated by PW1 that she had lodged a complaint against the respondent for committing offence punishable under Sections 494 and 498A of IPC. However, the respondent was acquitted from those charges.

The former petition for maintenance was settled on compromise and disposed of, but when subsequently she was again driven out of the matrimonial home, she instituted the present proceeding being Cr. Misc. 64 of 2018. According to the petitioner, the respondent earns Rs.20,000/- per month. As proof of marriage, the petitioner has submitted the certificate of marriage dated 31.10.2015 which was admitted in evidence, however, subject to objection.

It has been recorded in the impugned order that the petitioner had admitted that on 08.04.2016 she went to the house of that BSF personnel at Belonia and she went there with her mother, son and Pratima Das, who is the sister of the respondent.

There is no dispute that the petitioner and the respondent lived together as husband and wife for six to seven years continuously. Now, the petitioner is living in her parental home without being cared by the respondent. This Court made an attempt to reconcile the differences. Even though the petitioner is still agreeable to join the matrimonial home but the respondent is obstinate in taking her back on the ground that she had lived a life in adultery and she is the married wife of some other person, namely, Goutam Sarkar.

In course of hearing, Ms R Purakayastha, learned counsel has produced the photocopy of the judgment dated 18.01.2017 in Title Suit (Divorce) 100 of 2006 [Smt. Lipika Sarkar vs. Sri Goutam Sarkar] from which it appears that the marriage with Goutam Sarkar was solemnized in the month of July, 2000 and out of that marriage one female child was born on 16.09.2002 who at the time of granting the decree of divorce was 4 years old. The decree of divorce was issued on 18.01.2007. In the open court, Mr. Chakraborty learned counsel for the respondent has submitted that the respondent was totally unaware of such development and that fact had been concealed from the respondent.

Be that as it may, on the basis of the records, at least it cannot be said prima facie that the marriage is invalid. However, this is a prima facie observation. If the respondent is seriously aggrieved by the marriage, he may approach the civil court of the competent jurisdiction for declaration, etc. in respect of the marriage. A jurisdictional court while dealing with the issue of maintenance, cannot decide the validity of marriage.

Mr. Chakraborty, learned counsel appearing for the respondent has further submitted that the respondent since has discovered that the petitioner was the married wife of someone else (Goutam Sarkar) and she was living in adultery with a BSF personnel whose name has been recorded in the impugned judgment, the respondent will not live with the petitioner and this is not an unreasonable excuse. On the contrary, Mr. Chakraborty has emphatically submitted that the conduct of the petitioner would disentitle her from getting any maintenance in view of Section 125(4) of the CrPC.

Having appreciated the evidence as recorded and the finding on the basis of appreciation of such evidence, this Court does not find any evidence in respect of subsistence of marriage with someone else or the fact “to live in adultery”. One act of adultery will not disentitle the wife from getting maintenance by importing the provision of Section 125(4) CrPC, inasmuch as the interpretation of the clause that has been engrafted in that section i.e. „living in adultery? cannot and does not mean one act of adultery.

On the contrary, it should be the continuous act of adultery. No such evidence is available on records to infer ‘living in adultery’. Moreover, prima facie materials are in abundance to show that the matrimonial life of the petitioner was seriously at stake for the conduct of the respondent. Even the respondent has categorically stated by adducing evidence that he would not take back the petitioner. Even he has not come forward with any proposal for maintenance.

Thus, this Court is of the view that the observation and finding of the Judge, Family Court, Udaipur is not maintainable and hence, it is interfered with and set aside.

The respondent is directed to pay sum of Rs.2,500/- per mon

Please Login To View The Full Judgment!

th to the petitioner w.e.f. 01.02.2020. The said monthly allowance, as maintenance, will be payable by every 10th day of English calendar month else serious punitive action would follow against the respondent. Such money shall be remitted to the petitioner by Money Order or the same can be remitted to the account of the petitioner, if the petitioner furnishes the bank details to the respondent. In the result, this petition stands allowed and disposed of. Before parting with the records, this Court would note that any finding returned by the order would not come in the way if the respondent questioned the validity of the marriage in the civil court of the competent jurisdiction. Copy of the order by supplied to the counsel for the parties free of cost.
O R







Judgements of Similar Parties

01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
01-05-2020 Rasmita Dey Versus State of Tripura High Court of Tripura
16-04-2020 Pashupati Roy & Another Versus Debanath Dey High Court of Judicature at Calcutta
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
12-03-2020 Jayanti Sounth Versus Sujan Kr. Dey & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
24-02-2020 Arup Dey Versus The State of West Bengal & Others High Court of Judicature at Calcutta
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-02-2020 Jayanta Dey & Others Versus The Union of India Through the Secretary to the Government of India, Revenue Department, Ministry of Finance, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Bijali Saha & Another Versus Riman Saha High Court of Tripura
04-02-2020 Sandhya Dey Versus Kapil Sen & Another National Consumer Disputes Redressal Commission NCDRC
03-02-2020 Debasish Saha Versus Godrej Properties Limited National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-01-2020 Pankaj Behari Saha V/S The State of Tripura, Represented by the Chief Secretary, Government of Tripura & Others High Court of Tripura
17-01-2020 Monotosh Saha Versus Sanjit Thakurata & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
15-01-2020 Begum Sakina Khatoon Versus Gouri Shankar Dey & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
09-01-2020 Parul Bala Som Versus M/s. Sansthitaa & Co., Rep. by its sole proprietress, Maliya Dey West Bengal State Consumer Disputes Redressal Commission Kolkata
06-01-2020 Ashoke Kumar Dey Versus State of West Bengal High Court of Judicature at Calcutta
03-01-2020 Debasish Saha & Others Versus Godrej Properties Limited & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
22-11-2019 Santi Swaasthalaya & Anusandhan Kendra Pvt. Ltd. Versus Iti Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-11-2019 Debdas Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-11-2019 Sanjay Kumar Saha Versus UCO Bank & Others High Court of Judicature at Calcutta
24-10-2019 Devashish Das Versus Bharati Dey Das High Court of Gauhati
30-09-2019 Goutam Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
18-09-2019 Shibani Saha & Another Versus Subhasish Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
28-08-2019 M/s. Aridipa Enterprise Rep. by its partner, Soma Basu Versus Partha Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
22-08-2019 Laily Ghosal Versus Debranjan Dey & Others High Court of Judicature at Calcutta
22-08-2019 Dr. Pritish Sarkar & Others Versus Ashok Dey West Bengal State Consumer Disputes Redressal Commission Kolkata
21-08-2019 M/s. Bose Enterprise Rep. by Rana Basu & Another Versus Chayanika Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-08-2019 Jagannath Saha @ Rinku Versus The State of West Bengal High Court of Judicature at Calcutta
13-08-2019 Bikash Kr. Saha Versus The Branch Manager, Muragachha, Dharmada CCC West Bengal State Consumer Disputes Redressal Commission Kolkata
13-08-2019 No. 5430042, Sumita Dey Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
09-08-2019 Sukanta Saha Versus State of West Bengal & Others High Court of Judicature at Calcutta
30-07-2019 Kishori Mohan Sinha alias Singha Versus Kumaresh Saha & Others High Court of Judicature at Calcutta
25-07-2019 Naval Dey Bharti Versus State of U.P. & Another High Court of Judicature at Allahabad
24-07-2019 Debabrata Dutta Versus Joy Gopal Saha & Others High Court of Judicature at Calcutta
23-07-2019 Abir Saha & Others Versus The State of West Bengal & Another High Court of Judicature at Calcutta
16-07-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Make My Trip (India) Pvt. Ltd. Versus Manabendra Saha Roy National Consumer Disputes Redressal Commission NCDRC
05-07-2019 Kabita Saha & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
02-07-2019 M/s. Transelectric Energy System, Rep. by its Director, Samir Kr. Dey Versus The New India Assurance Co. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
01-07-2019 Ranjit Kumar Sarkar Versus Pew Saha & Others National Consumer Disputes Redressal Commission NCDRC
01-07-2019 Union of India, Represented By The Secretary, Ministry of Home Affairs & Others Versus Ranjit Kumar Saha & Another Supreme Court of India
06-06-2019 Sandhya Dey Versus Kapil Sen & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
31-05-2019 Sribash Chandra Saha & Others Versus Rubber Board & Others High Court of Tripura
29-05-2019 Sushmita Saha Versus M/s. Amarpali Property Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
29-05-2019 Nandini Bala Saha Versus Dr. M. Pramanik & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
28-05-2019 State of Tripura & Another Versus Shiuli Dey Choudhury & Others High Court of Tripura
28-05-2019 Partha Kar Versus Basanti Dey High Court of Tripura
24-05-2019 Puspa Dey & Others Versus Sukanta Dey & Others High Court of Judicature at Calcutta
23-05-2019 Sanjukta Saha & Others Versus Chandana Saha & Others High Court of Judicature at Calcutta
20-05-2019 Somnath Dhar Versus Manibi Dey & Another High Court of Judicature at Calcutta
17-05-2019 Tapan Kumar Saha Versus State of Jharkhand High Court of Jharkhand
14-05-2019 Chitta Ranjan Dey & Others Versus Nilmoni Nandi & Others High Court of Gauhati
02-05-2019 Green Tech IT City Pvt. Ltd. Versus Sukumal Dey West Bengal State Consumer Disputes Redressal Commission Kolkata
30-04-2019 Tumpa Dey Versus Central Bank of India & Others High Court of Judicature at Calcutta
29-04-2019 Shree Shew Prokash Saha Versus M/s. DLF Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
25-04-2019 M/s. Kamala Construction Pvt. Ltd. Versus Soumen Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
24-04-2019 Sikha Dey On Behalf of Accd. Sentu Kr. Dey Versus The State of Tripura High Court of Tripura
18-04-2019 Bandana Dey Versus United Bank of India & Others High Court of Judicature at Calcutta
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
10-04-2019 Sanjoy Kumar Dey & Others Versus Dr. Sudhansu Sekhar Maiti & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
08-04-2019 Bandana Dey Sarkar (Ghosh) Versus Mukul Chakraborty & Others High Court of Judicature at Calcutta
05-04-2019 Bhajan Saha Versus State of Tripura High Court of Tripura
01-04-2019 Suvra Dey & Others Versus State of West Bengal & Another High Court of Judicature at Calcutta
29-03-2019 Bank of Baroda Versus Susmita Saha High Court of Delhi
29-03-2019 Pramanik Dey Versus State of Tripura High Court of Tripura
28-03-2019 Susanta Dey Versus Babli Majumdar & Another Supreme Court of India
27-03-2019 Tapas Dey Versus Aronjit Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-03-2019 Bhelupada Saha @ Velupada Saha Versus Prahallad Ghosh & Others High Court of Judicature at Calcutta
11-03-2019 N.K. Bhagat Versus Biswanath Dey @ Biswakantha Dey High Court of Judicature at Calcutta
06-03-2019 Gitashree Dutta (Dey) & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2019 Dr. Prasanta Saha Versus Pritam Sarkar & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
13-02-2019 The Station Master, Berhampore Court Station P.O. & P.S. & Others Versus Aditya Kumar Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
30-01-2019 Sumit Kumar Saha Versus Reliance General Insurance Company Ltd. Supreme Court of India
28-01-2019 Sangita Saha Versus Abhijit Saha & Others Supreme Court of India
24-01-2019 Sayantan Dey Versus Ruma Ghosh High Court of Judicature at Calcutta
21-01-2019 Dipak Kumar Saha Versus Bandhan Bild Con. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
18-01-2019 Subal Mondal Versus Anjana Dey (Mondal) High Court of Tripura
08-01-2019 Bhajan Saha & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-01-2019 Partha Sarathi Saha (Proprietor of M/s Sri Krishna Automobiles) Versus Assistant Provident Fund Commissioner High Court of Delhi
28-11-2018 Sanjib Saha & Another Versus Bengal Unitech Universal Infrastructure Pvt. Ltd. National Consumer Disputes Redressal Commission NCDRC
01-11-2018 Sanjoy Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
01-11-2018 Biltu Saha & Others Versus The Union of India, Through the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-10-2018 Soma Saha Versus Assam Power Distribution Co Ltd. High Court of Gauhati
01-10-2018 Mandira Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
26-09-2018 Pankaj Kumar Dey Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Information & Broadcasting, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
24-09-2018 United India Insurance Co. Ltd Versus Uttam Kr. Saha & Others High Court of Gauhati
19-09-2018 Jayanta Saha, Kolkata Versus Dcit, Circle - 25, Kolkata Income Tax Appellate Tribunal Kolkata