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2015 Supreme(Cal) 118

High Court of Judicature at Calcutta
ARIJIT BANERJEE, J.
Manoj Kumar Kedia – Petitioner
Versus
Manisha Kedia – Respondent
C.O. No. 2168 of 2013 (Appellate Side)
Decided On : 24-02-2015

Advocate Appeared:
Om Narayan Rai, Prashant Agarwal, Advocates For the Petitioner.
Debanjan Mukherjee, Surita Agarwal, Advocates For the Respondent.

Judgment :-

Arijit Banerjee, J.

(1) The petitioner before this Court is the husband who filed Mat Suit No. 45 of 2007 for dissolution of his marriage with the opposite party/respondent in the 8th Court of Additional District Judge at Alipore. In the said suit the opposite party/wife filed an application under Section 24 of the Hindu Marriage Act praying for alimony for maintenance of herself and two daughters born from the marriage.

(2) By an order dated 30th April, 2009 the Ld. Trial Court allowed the said application and directed the petitioner to pay Rs. 8,000/- per month towards maintenance of the wife and the two daughters and Rs. 6,000/- per month for the education of the daughters from the date of the filing of the petition i.e. 2nd August, 2005. Thus, in all, the petitioner was directed to pay Rs. 14,000/- per month to the opposite party/wife as current alimony and also to pay the arrear alimony at the rate of Rs. 5,000/- per month along with the current alimony. The petitioner was also directed to pay Rs. 10,000/- to the wife towards litigation cost.

(3) The petitioner/husband challenged the said order by filing a revisional application before this Court being CO 1791 of 2009. The said application was disposed of by an order dated 30th November, 2012, the operative portion whereof is set out hereunder:-

“Now without going deep into the matter the present revision is disposed of as follows:-

The petitioner/husband shall go on making payment by the 7th of every month an amount of Rs. 4,000/- to the opposite party/wife for herself and Rs. 3,000/- each for two daughters, i.e. in all Rs. 10,000/- per month as alimony.

The Ld. Trial Court below is directed to make an endeavour for disposal of the suit as quickly as possible preferably within a period of six months.”

(4) In the mean time, the opposite party/wife had filed a petition dated 4th February, 2012 before the Ld. Trial Court praying for stay of the matrimonial suit on the ground that the petitioner/husband had not paid to the wife the arrear alimony and litigation cost. On 26th March, 2013 the opposite party/wife filed another petition before the Ld. Trial Court praying for a direction on the petitioner/husband to pay the entire amount of arrear alimony as also the litigation cost as had been directed by the Ld. Trial Court by its order dated 30th April, 2009.

(5) By an order dated 17th April, 2013, the Ld. Trial Court rejected the wife’s petition for stay of matrimonial suit and allowed the wife’s application by directing the husband to pay the entire arrear alimony and litigation cost. The operative portion of the Ld. Trial Court’s order dated 17th April, 2013 is quoted hereunder:-

“The petitioner/husband in plaint of this mat suit Manoj Kedia is directed to pay up the arrear litigation cost and alimony pendente lite from the period and to the time as reflected in Annexure B of this petition at the earliest and to go on paying the current alimony pendente lite towards respondent and her two daughters to the respondent as determined in the order of Hon’ble High Court dated 30th November, 2012 passed in CO No. 1791 of 2009 accordingly until further order.”

(6) Aggrieved by the aforesaid quoted portion of the order dated 17th April, 2013 the petitioner/husband is before this Court by way of the instant revisional application.

(7) Appearing on behalf of the petitioner, Ld. Counsel submitted that the order dated 30th April, 2009 passed by the Ld. Trial Court merged with the order dated 30th November, 2012 passed by this Court in CO 1791 of 2009 which was the revisional application preferred by the respondent against the order dated 30th April, 2009. By the order dated 30/11/2012 this Court only directed the petitioner/husband to go on paying Rs. 10,000/- per month as alimony to the opposite party/wife. The said order of this Court does not mention anything about the arrear alimony or the litigation cost and that part of the Trial Court’s order dated 30th April, 2009 must be deeme















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