KRISHNA RAO
Sayantani Ghosh – Appellant
Versus
Sukesh Ranjan Koley – Respondent
JUDGMENT :
Krishna Rao, J.
1. The petitioner has filed the present application for review of the order passed by this Court dated 29th May, 2023 in CO No. 1716 of 2023.
2. The petitioner has filed the Civil Revisional Application being C.O. No. 1716 of 2023 challenging the order passed by the Learned District Judge in Matrimonial Suit No. 56 of 2017 dated 8th May, 2023 wherein the Learned District Judge has dismissed the application of the petitioner for enhancement of maintenance pendent lite.
3. By an order dated 29th May, 2023, this Court had dismissed the revisional application on the ground that this Court did not find any reason to interfere with the impugned order.
4. Mr. Rajdeep Bhattacharya, Learned Advocate representing the petitioner submits that this Court while dismissing the civil revisional application has not considered the affidavit of assets filed by both the parties before the Learned Court of District Judge along with the application filed for enhancement of the alimony pendente lite.
5. Mr. Bhattacharya submitted that in the affidavit of assets, the respondent has declared his monthly income as Rs.3,74,950/-per month which this Court has not considered while dismissi
Jasbir Kaur Sehgal vs. District Judge, Dehradun & Ors.
Kamlesh Verma vs. Mayawati and Ors.
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....
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
Maintenance amounts must reflect the reasonable needs of the payee balanced against the payer's financial capacity, ensuring no excessive burden on the payer.
Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental sup....
The wife is entitled to an enhancement of maintenance based on the husband's income and the wife's financial situation. The court emphasizes the need for timely disposal of maintenance applications a....
The court established that maintenance under Sec. 125 and Sec. 127 of the Cr.P.C. can be enhanced based on changes in circumstances, including inflation and increased income of the non-applicant, rei....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
A husband’s legal obligation to maintain his wife and children must be fulfilled despite claims of financial hardship, unless convincingly demonstrated otherwise.
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