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2020 Supreme(Cal) 305

SHAMPA SARKAR
Subrata Roy – Appellant
Versus
Sushrita Roy – Respondent


Advocates Appeared:
Mr. Apurba Kumar Ghosh, for the Appellant; Ms. Annyasha Chakraborty For the Appellant, for the Respondent

JUDGMENT

1. This is an application filed by the husband in Matrimonial Suit No. 496 of 2016 pending before the learned Additional District Judge, Fast Track 2nd Court in Howrah.

2. The petitioner is aggrieved by an order dated July 9, 2019 passed by the learned court below by which the learned court has directed the husband petitioner to pay Rs.15,000/- p.m. to the wife and the child from the date of filing of the application under Section 36 of the Special Marriage Act and also to pay a lump sum of Rs.15,000/- as litigation costs.

3. It is contended by the petitioner that the suit is for dissolution of marriage on the ground of adultery and as such the wife was not entitled to any maintenance. Rs.15,000/- was excessive, as an amount of Rs.1,00,000/- or more has already been withdrawn by the wife from the husbands bank account.

4. I have considered the order impugned and I find that the learned court has considered the monthly expenses of the daughter, who is a student of Class-VIII, by examining the fees structure etc. filed by the wife. The husband did not allege that the wife had any personal income. The husband is a Manager of HDFC Bank and earns Rs.55,000/- p.m. according to th

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