Ramesh Chandra Mondal vs Smt. Sintu Mondal on 12 July, 2017

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22 12.7.2017

CO 2242 of 2017
gd
Ramesh Chandra Mondal
Vs.

Smt. Sintu Mondal

Sk. Jahdar Alam
..for the Petitioner

The petitioner is the husband and

complains of an order by which he has been

directed to pay a sum of Rs.5,000/- on account

of monthly alimony pendente lite and a further

sum of Rs.3,000/- for monthly maintenance of

the minor child.

It is evident from the order impugned

dated January 31, 2017 that the petitioner’s

monthly income was Rs.23,000/-. The

petitioner claimed that the wife was qualified

and had a Masters Degree and was capable of

earning. However, there does not appear to

have been any evidence of the wife actually

having any income.

Since it is ordinarily accepted that about

a third of the husband’s income may be
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directed to be paid to the wife and minor

children for their maintenance pendente lite,

the order impugned does not call for any

interference as it is well-reasoned and does not

betray any perverse exercise of discretion.

CO 2242 of 2017 is disposed of by

requesting the Additional District Judge, 5th

Court at Howrah to take up Matrimonial Suit

No.539 of 2013 in its turn and dispose of the

same as expeditiously as the business of that

court would permit without granting

unnecessary adjournments to the parties,

subject to there being no outstanding amount

on account of the payments directed to be

made by the husband to the wife and child. If

even a rupee of such payment is outstanding,

the trial will not be proceeded with.

There will be no order as to costs.

Urgent certified website copies of this

order, if applied for, be made available to the

parties upon compliance with the requisite

formalities.

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(Sanjib Banerjee, J.)

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