15.12.2025 Item No.11 Ct. No. 6 Aloke/sg CO 3948 of 2025 Arundhati Karmakar (nee Bhattacharya)

Vs Abhijit Karmakar Mr. Siddhartha Sarkar Mr. Sourav Gupta … for the petitioner

1. Affidavit-of-service be kept with the records. Despite service, none appears on behalf of the opposite party/husband.

2. The petitioner is aggrieved by the order dated September 24, 2025, passed by the learned Additional District Judge, Fast Track Court no. 4, Barrackpore, in Matrimonial Suit No. 189 of 2021.

3. By the order impugned, the learned Court allowed the application under Section 36 of the Special Marriage Act upon directing the husband to pay a sum of Rs.10,000/- per mensum as alimony pendent lite and Rs.20,000/- as litigation costs to the wife, within tenth of each succeeding month according to English calendar.

4. The order was made effective from the date the same was passed, that is, September 24, 2025. The learned Court erred in directing payment of the maintenance pendent lite from the date of the order. It is well settled that maintenance pendent lite has to be awarded from the date of the application. The wife had filed the application on July 25, 2023. Reference is made to the decision of the