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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5369 OF 2017

(Arising out of SLP(C) No. 34653 of 2016)

KALYAN DEY CHOWDHURY

.....Appellant

Versus

RITA DEY CHOWDHURY NEE NANDY

.....Respondent

J U D G M E N T

R. BANUMATHI, J.

Leave granted.

2.

Challenge in this appeal is to the order dated 15.09.2016 passed

by the High Court at Calcutta in RVW No.85 of 2016 in C.O. No.4228

of 2012, reviewing an order dated 02.02.2015 passed earlier in an

application filed under Section 25(2) of the Hindu Marriage Act, 1955,

thereby enhancing the amount of maintenance from Rs.16,000/- per

month to Rs.23,000/- per month.

3.

Parties are entangled in several rounds of litigation. Background

facts in a nutshell are as follows: The marriage of the appellant and

the respondent was solemnized on 10.08.1995 as per Hindu rites and

customs at the appellant’s residence at Kalna. A male child was born

Digitally signed by USHA

RANI BHARDWAJ

Date: 2017.04.20

14:25:54 IST

Reason:

Signature Not Verified

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on 04.10.1996 at Chandannagore who is now a major pursuing his

college education. After the birth of child, it is alleged that the

respondent continued in her parent’s house. The appellant-husband

requested the respondent to return to the matrimonial home at Kalna

alongwith the child. It is alleged that instead of acceding to the

request of the appellant-husband and returning back to the

matrimonial home, the respondent-wife insisted that the

appellant-husband shifts to her father’s place at Chandannagore.

4.

Appellant filed an application under Section 9 of the Hindu

Marriage Act, 1955 for restitution of conjugal rights against the

respondent-wife in Matrimonial Suit No.370 of 1997 before the District

Judge, Burdwan on 23.12.1997. On receipt of summons in the above

matrimonial suit on 9.02.1998, the respondent-wife lodged an FIR

bearing P.S. Case No.25 dated 13.02.1998 under Sections 498A and

406 IPC against the appellant and his parents at P.S.

Chandannagore. The appellant and his parents were granted

anticipatory bail by the Sessions Judge, Burdwan on 20.05.1998 in

the FIR filed by the respondent-wife. The respondent-wife also filed a

maintenance case being Misc. Case No.24/98 under Section 125

Cr.P.C. against the appellant-husband claiming maintenance for

herself and the minor son.

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5.

On 10.08.2000, the Additional District Judge, Burdwan passed

decree of restitution of conjugal rights in favour of the

appellant-husband. However, the respondent did not reconcile and

preferred an appeal against the said decree of restitution of conjugal

rights before the High Court being F.A. No.198 of 2001. In the High

Court, by an order dated 24.05.2001 an interim arrangement was

made directing the appellant herein to go to the parental home of the

respondent-wife at Chandannagore and take back the wife and the

child to his residence at Kalna and make necessary arrangement for

living with his wife and child separately from the parents of the

husband in the first floor of the matrimonial home. Subsequently, the

interim arrangement was recalled. The interim arrangement did not

work and the appeal filed by the respondent-wife was allowed on

13.08.2003.

6.

In the year 2003, respondent-wife filed a Matrimonial Suit

No.533 of 2003 before the District Judge Hooghly against the

appellant-husband under Section 10 of the Act for judicial separation.

According to the appellant, though he filed written objections denying

allegations made against him, he could not attend the hearing and it is

alleged that he was manhandled in the court premises by some men

of the respondent-wife. Ex parte decree for judicial separation was

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ordered on 19.05.2006, as a consequence of which decree for

permanent alimony was also ordered under Section 25 of the Hindu

Marriage Act to the respondent-wife amou