SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

CALCUTTA HIGH COURT
Prasenjit Mandal, J.
Smt. Lopamudra Dutta Chowdhury —Petitioner
versus
Abhijit Dutta Chowdhury —Respondent
C.O. No. 615 with C.O. No. 1409 of 2012
Decided on 19.10.2012

Counsel for the Parties:
For the Petitioner:Probal Kumar Mukherjee and Sukanta Chakraborty, Advocates.
For the Opposite Party:Biswajit Basu, Anirban Gupta and Arnab Roy, Advocates.

Headnote:Alimony Pendente lite—Grant of @ Rs.15,000 p.m. to wife and daughter—Application for enhancement of by wife—Evidence on record that wife suffering from breast cancer and had to expend a sum of Rs. 94,442 for operation and chemotherapy and as such required constant medical treatment—Husband a marine engineer—Wife getting Rs.2,000 per month from son begotten by her earlier marriage with another person—This was the only regular source of income of wife—Having regard to status of parties and financial condition of husband held that

       Rs. 10,000 per month towards medical expenses must be paid to wife—An amount of Rs.15,000 per month awarded to wife for her survival—Husband also directed to pay a sum of Rs. 10,000 per month to wife for maintenance of their daughter—Alimony as granted by Trial Court set aside and direction given that sum of Rs.25,000 per month to be paid by husband to wife for maintenance of two—Application allowed in part. (Paras 17 to 23)

       Result: Application disposed of.

       

JUDGMENT

Prasenjit Mandal, J.—These two applications are directed against the Order No. 50 dated December 23, 2011 passed by the learned Additional District Judge, 12th Court, Alipore in Misc. Case No. 3 of 2009 arising out of Matrimonial Suit No. 16 of 2009, thereby granting alimony in favour of the wife and her daughter. Since, both the applications have arisen out of the same order of alimony, they are disposed of by this common judgment.

2. For convenience, the C.O. No. 615 of 2012 is taken up first. C.O. No. 615 of 2012.

3. This application has been preferred by the wife claiming alimony to the tune of Rs.36,940 only per month for herself and her daughter and a sum of Rs. 30,000 only as litigation costs against her husband. The petitioner has contended that the parties were married on August 4. 1987 according to Hindu Rites and Customs and after the marriage, they lived together as husband and wife. One daughter was born in the wedlock and the said daughter is now 10 years of age and is a school going student. The petitioner and her daughter are residing in the flat purchased by the husband. She is also enjoying the car purchased by the husband. The husband had stopped looking after the petitioner since the month of December, 2008. The petitioner has no independent source of income and she is passing her days hard for providing maintenance for the two.

4. On the other hand, the opposite party is a Marine Engineer and he earns Rs.3 lakh only per month from service. Beside that, he has income from other sources. such as, painting etc. and at present, his monthly income is about Rs.5 lakh only. So, the petitioner has claimed the alimony pendente lite for the amount mentioned above.

5. The husband is contesting the said application contending, inter alia that the marriage between the two and the birth of a child are admitted facts. The wife and the daughter are residing in the flat purchased by the husband and the husband is now repaying the loan by monthly instalments for the said flat. The wife is also enjoying a car purchased by the husband and thus, the wife is leading a luxurious life. The husband is now out of employment on health ground and at present, he has no source of income. While they resided together, there was a joint account and on two occasions, the wife had withdrawn a sum of Rs.9,53,311 only from the said account without the permission and knowledge of the opposite party. So, such amount will be enough for the wife and daughter to get their livelihood.

6. Upon consideration of the evidence on record, the learned Trial Judge has granted alimony pendente lite at the rate of Rs.15,000 only per month for the two from the date of filing of the application. The learned Trial Judge has also granted litigation costs of Rs.5,000 only. He has also directed the husband to pay arrears of alimony by instalments. Being aggrieved. the wife has filed this application for enhancement of the alimony.

Now, the question is whether the impugned order should be sustained.

7. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the wife has made details of her requirement for alimony pendente lite at page Nos. 4 and, 5 of her application showing the prayer for a sum of Rs. 36,940 only.

8. The learned Trial Judge has arrived at his findings upon analysis of the evidence adduced by the parties on the matter of alimony. Previously, the learned Trial Judge disposed of the application for alimony by the Order No. 27 dated August 13, 2010. Being aggrieved by such order, the husband preferred a civil revision being C.O. No. 2892 of 2010. While disposing of the said revision, by the Order dated March 17, 2011, this Bench directed the learned Trial Judge to dispose of the application for alimony within a period of 3 months from date. The husband was directed to pay a sum of Rs.1 lakh only to. the wife and such order was complied with. It was also observed that the amount paid, shall be



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top