1960-AIR (CAL)-0-438 , 1960 (TLS)513214

HIGH COURT OF CALCUTTA

Coram : S. Datta

Extraordinary Suit 7  Of  1958

(DECEMBER 18, 1959)

AMAR KANTA SEN VS. SOVANA SEN

S. DATTA, J.

( 1 ) ON or about the 17th August 1959 this application was made by Sovana Sen inter alia for an order that the permanent maintenance at A sum of Rs. 350/- or any sum which this Hon'ble Court may think proper be directed to be paid to her by the respondent Mr. Amar Kanta Sen.

( 2 ) THIS application arises out of a judgment delivered by me on 10-7-1959 whereby the marriage between her and Amar Kanta Sen was dissolved. She stated in her petition that she came of a very respectable family and was married to a respectable person and was throughout accustomed to a decent way of living. She cannot marry nor does she intend to marry in her life over again and wants to lead a very chaste and decent life dedicating herself to the welfare of her son and to her musical pursuit and painting for which she has special aptitude. She further stated that she was not in good health and was unable to support herself and that she was now practically without means and had no friends or relations who would support her. She further stated that her monthly expenses came to about Rs. 315/- per month for which she has given particulars. She also further stated that she had incurred heavy debts to the extent of Rs. 4000/- to maintain herself in her lonely and destitute condition.

( 3 ) THE husband was drawing a salary of Rs. 1700/- per month.

( 4 ) SHE further asserted that she was entitled under the Hindu Law to he maintained by her husband so long as she lived a decent life according to the standard she had so long been accustomed to and so long as her husband was capable to bear such expenses; the obligation to maintain her was his moral and personal obligation,

( 5 ) IN the affidavit in opposition dated 28-8-1959, it was asserted that he received a net salary of Rs. 879 and 90 np. and the salary was not Rs. 1,700/ -. It was also pointed out that she had committed adultery not only with Purnendu Roy but also with two other gentlemen according to my findings. She was not accordingly entitled to maintenance because she had betrayed her obligations as a wife. It was further denied that her monthly expenses amounted to Rs. 315/- or that she had incurred a debt of Rs. 4000/ -.

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( 6 ) IN the affidavit in opposition he further asserted in paragraph 13 thereof on the basis of informations received by him from Delhi that Sobhana Sen was selected for appointment and offered an appointment as Assistant Producer (Music), All India Radio, New Delhi,

( 7 ) IN her opposition filed by her on 7-9-1959, she denied the allegations made in paragraph 13 of the affidavit in opposition and prayed that the court should not take any notice of the said allegation in the affidavit in opposition.

( 8 ) IN this connection the parties at my direction filed further affidavits and produced some letters or copy letters.

( 9 ) IN this case there was dissolution of the marriage on the ground o adultery of the applicant. The applicant's case that her husband had committed adultery was found to be not supported by evidence. The applicant is a graduate and an adept in music. She according to her own petition earned about the time, of making the petition a sum of about Rs. 90/- per month. After she joined the All India Radio at Delhi she has been earning a sum of about Rs. 300/- per month. The respondent's salary is Rs. 1360/- out of which a sum of Rs. 475/- was shown in the suspense account and a sum of Rs. 879/- was shown as payable for the month of August 1959. Before the dissolution of the marriage there was an order for the payment of maintenance at Rs. 200/- per month from May 1956.

( 10 ) IT is clear from the evidence before me that the applicant was appointed an Assistant Producer (Music) of the All India Radio on a salary of Rs. 300/- (consolidated) prior to