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HARISH TANDON
Mousumi Basak – Appellant
Versus
Somnath Basak – Respondent


Counsel for the Parties:
For the Petitioner In C.O. 3199 of 2015:Mr. Gunjan Shah, Ms. Debjani Das, Advocates
For the Petitioner In C.O. 2956 of 2015:Ms. Shila Sarkar, Mr. Sibasish Ghosh, Advocates

JUDGMENT

Harish Tandon, J.—The husband is showing his aversion to maintenance granted to the wife under Section 24 of the Hindu Marriage Act, 1955 in a proceeding instituted by her under Section 9 thereof.

2. Prior to the institution of the aforesaid proceedings by the wife, the husband instituted a suit for divorce under Section 13 of the said Act before the competent Court. Admittedly, an application under Section 24 of the said Act was taken out by the wife for alimony pendente lite which was allowed by the Trial Court granting maintenance of Rs. 3,500/- per month to the wife and the minor child together with litigation costs. The order was assailed before this Court in C.O. 2827 of 2011 and the quantum of maintenance was enhanced to Rs. 5,000/-. It has been observed in the said order that the husband has concealed the actual income, which cannot be less than Rs. 40,000/- per month as alleged by the wife.

3. Subsequently, the wife filed an application under Section 9 of the Act for restitution of conjugal rights which was registered as Matrimonial Suit No. 33 of 2014. This Court does not find any impediment in maintaining the subsequent application for conjugal right even if the su





















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