Sudip Datta @ Sudip Kumar Datta vs Mitali Datta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 71

SABYASACHI BHATTACHARYYA, UDAY KUMAR
Sudip Datta @ Sudip Kumar Datta – Appellant
Versus
Mitali Datta – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashok Banerjee, Snr. Adv., Mr. Subhabrata Dutta, Mr. Manoj Ghosh, Mr. Aranya Saha, Ms. Monami Mukherjee
For the Respondent: Mr. Billwadal Bhattacharyya, Snr. Adv., Mr. Anish Kumar Mukherjee, Mr. Tamaghna Pramanick

JUDGMENT :

1. The present application bearing CAN 2 of 2024 has been filed by the respondent/wife in the appeal claiming alimony to the tune of Rs.1 lakh per month.

2. Learned senior counsel appearing for the respondent/wife contends that in a Civil Revisional Application which is still pending in this Court at the behest of the appellant/husband, the husband annexed personal information on the basis of affidavit-of-assets filed in the trial court wherefrom the husband is seen to have admitted his monthly income to be Rs.11,85,730/-.

3. The income tax paid, as disclosed therein, is Rs.11,63,969/- and the annual net income has been shown by the husband to be Rs.1,40,08,824/.

4. The said statements have been reiterated throughout the said affidavit and in the final analysis, the total monthly income has been shown by the husband in such affidavit to be Rs.11,85,730/-, in consonance with the personal information disclosed at serial no.45.

5. Thus, the monthly income now pleaded by the husband, which is to the tune Rs. 3 lakh per month with variable monthly bonus of Rs.2,73,000/-, is a gross suppression of the actual income of the husband.

6. It is next contended by learned senior counsel fo