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SHAMPA SARKAR
Arnab Chakraborty – Appellant
Versus
Nabamita Nath Chakraborty – Respondent
JUDGMENT :
(Shampa Sarkar, J.)
1. Both the revisional applications are taken up together in view of similarities between the parties and the issues involved.
2. Both the parties are aggrieved by an order dated October 9, 2023 passed in Miscellaneous Case No.30 of 2020, by the learned Additional District Judge, Fast Track, 1st Court at Howrah.
3. By the order impugned, the learned court directed the husband/petitioner in C.O. No.4184 of 2023 to pay maintenance pendente lite to the tune of Rs.30,000/- per month from the date of the application, within 10th of each succeeding English calendar month, until disposal of the suit. The amount of maintenance pendente lite was awarded on and from the date of the application.
4. Mr. Bardhan, learned Advocate appearing on behalf of the petitioner in C.O. No.4184 of 2023 has challenged the said order on the following grounds:-
(b) The learned court took into account the enhanced income of the husband and directed the amount of Rs. 30,000/- to
The court emphasized that maintenance must reflect the dependent spouse's needs and the paying spouse's actual income, ensuring no destitution occurs post-separation.
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....
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....
The main legal point established in the judgment is the obligation of the husband to maintain his wife, considering his financial capacity and the wife's need for support, as provided under the Hindu....
The main legal point established in the judgment is the interpretation of Section 125 Cr.P.C. and the determination of the quantum of maintenance, emphasizing the husband's obligation to maintain his....
The obligation of the husband to provide maintenance and the criteria for determining the quantum of maintenance were the central legal points established in the judgment.
Interim maintenance orders are final and enforceable, reflecting the husband's obligation to support his wife and children, irrespective of the wife's prior earnings.
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