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2025 Supreme(Online)(Cal) 2591

CALCUTTA HIGH COURT
RAVI KRISHAN KAPUR, J
MOUMITA CHAKI CHOWDHURY – Appellant
Versus
SIB SAKTI CHOWDHURY – Respondent
CO/161/2024



Advocates:
For the Appellants/Petitioners: Mr. Subhasish Misra, Mr. Satyajit Paul, Ms. Shreya Sarkar
For the Respondents: Mr. Suman Sehanabis (Mandal)

The court upheld the alimony determination under Section 24, considering the applicant's income and circumstances.

Headnote:This judgment addresses the application challenging an order under Section 24 of the Hindu Marriage Act, 1955 concerning alimony pendente lite. The court finds that the order of Rs. 2000/month is justified based on the applicant's income and other circumstances. The key issue revolves around the reasonableness of financial support. The court determined that the total sum of Rs. 7000 can neither be characterized as unreasonable nor unjustified, maintaining the discretion of the Additional District and Sessions Judge.

In the High Court at Calcutta Circuit Bench at Jalpaiguri CO/161/2024 MOUMITA CHAKI CHOWDHURY VS SIB SAKTI CHOWDHURY Mr. Subhasish Misra, Mr. Satyajit Paul, Ms. Shreya Sarkar, …for the petitioner Mr. Suman Sehanabis (Mandal), ….for the respondent This is an application challenging an order passed under Section 24 of the Hindu Marriage Act, 1955 whereby the applicant wife has been granted a sum of Rs.2000/- per month to be paid towards alimony pendente lite from the date of this order.

It is submitted on behalf of the applicant that the impugned order is grossly unreasonable and unjustified and deserves to be set aside. On behalf of the respondent husband, it is submitted a sum of Rs. 5000/- is already being paid to the applicant in terms of an order passed by the Chief Judicial Magistrate in a proceeding initiated under Section 125 of the CRPC. As such, the impugned order warrants no interference whatsoever and the revisional application is liable to be dismissed.

The matter was heard on different dates i.e.

9 July, 2025, 7 July, 2025, 3 July, 2025 and 30 June, 2025. Despite repeated attempts to try to settle the disputes, the appellant wife is adamant and submits that she is not interested in any kind of settlement.

The impugned order has been passed after recording and considering all the facts and circumstances of the case. The Additional District and Sessions Judge (First Track Court) has taken into consideration not only the income gross salary of the petitioner but also all other relevant facts and circumstances. An aggregate sum of Rs. 7000/- cannot be described as unreasonable or unjustified. There are no other grounds to interfere with the discretion exercised by the Additional District and Sessions Judge (First Track Court).

However, there shall be no order as to costs.

In view of the submissions made on behalf of the respondent that they are already paying a sum of Rs. 5000+ Rs. 2000 in terms of the above, no further order needs to be passed at the stage of this proceeding.

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