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SABYASACHI BHATTACHARYYA
Samit Kapoor – Appellant
Versus
Punam Kapoor Nee Bansal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J:
1. The present revisional applications have been filed against the same order of alimony granted by the Trial Court, awarding Rs.1 lakh for the wife and the child from the date of the impugned order and litigation costs of Rs.40,000/-.
2. C.O. No.1169 of 2021 has been filed by the husband. Learned counsel for the husband submits that the wife suppressed her income. In the alimony application, the wife denied having any income but, upon the documents and affidavit-of -assets of the parties coming on record, it was revealed that the wife had several bank accounts. Pages 130 to 147 of the revisional application and pages 148 of 167 of the same are annexures reflecting the wife’s accounts respectively with the HDFC and the Kotak Mahindra Banks.
3. At page 129 of the revisional application, the wife’s Income Tax return indicates that her gross annual income is Rs.1,15,959/-, whereas the income from interest and investments, including a fixed deposit worth Rs.19,50,000/-, was suppressed in the IT returns, it is argued. The Kotak Mahindra Bank account has not been disclosed in the initial stages of the alimony application.
4. By placing reliance on the w
Maintenance to wife - wife does not qualify for getting alimony for herself within the contemplation of Section 36 of the Special Marriage Act, since the wife has sufficient income to maintain hersel....
The husband is required to disclose his actual income, and the maintenance amount should be commensurate with the parties' prior standard of living.
An application for enhancement of maintenance pendente lite is maintainable even after the disposal of an application under Section 24 of the Hindu Marriage Act, 1955 or Section 36 of the Special Mar....
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
The obligation of the husband to provide maintenance stands on a higher pedestal than the wife, and the standard of living enjoyed by the wife during the marriage must be maintained by the husband ev....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
Point of law: Grant of maintenance - rise of cost of living and also taking into account that the girl child was born in the year 2004 and as of now is about 16 years of age and is of the age of a sc....
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