Smt. Dipannita Bose (Chatterjee) vs Sri Sankar Bose on 25 July, 2017

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30 25.7.2017

CO 4661 of 2016
gd
Smt. Dipannita Bose (Chatterjee)
Vs.

Sri Sankar Bose

with

CO 3983 of 2016

Sri Sankar Bose
Vs.

Smt. Dipannita Bose (Chatterjee)

Mr. Hiranmay Bhattacharyya
..for the Husband

Mr. Aniruddha Chatterjee
..for the Wife

Both the husband and the wife question

an order passed under Section 24 of the Hindu

Marriage Act, 1955. According to the wife, the

husband has substantial income but has

deliberately suppressed such fact in the court

below and not produced the best evidence of

his monthly income. The husband, on the

other hand, claims that the trial court could

not have directed a sum of Rs.8,000/- to be

paid on a monthly basis on account of alimony

pendente lite and maintenance for the minor

daughter without first arriving at a finding as
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to the husband’s monthly income.

It appears that the wife alleged that the

husband had a monthly income in excess of

Rs.70,000/-. However, the husband claimed

that he earned about Rs.4,500/- as a football

coach with an NGO. The husband also

claimed that the family business had been

taken over by the husband’s mother or sold or,

in any event, the husband was not connected

therewith.

While it is evident that the trial court did

not believe that the husband’s income was a

mere Rs.4,500/- per month, it does not appear

from the order impugned dated July 4, 2016

that any finding was rendered by the court as

to the possible monthly income of the

husband. Ordinarily, the first thing done

before any amount is directed to be paid on

account of alimony pendente lite and

maintenance is to ascertain the husband’s

income. In this case, the trial court gives the

impression that the husband’s income has

been taken to be much more than Rs.4,500/-
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since he has been directed to pay Rs.8,000/-

per month, but the extent of the husband’s

income as assessed by the trial court is not

reflected in the order.

Accordingly, CO 4661 of 2016 and CO

3983 of 2016 are disposed of by setting aside

the order impugned and requesting the

Additional District Judge, 16th Court at Alipore

to take up the application under Section 24 of

the Hindu Marriage Act, 1955 in Matrimonial

Suit No.30 of 2014 on remand and dispose of

the same as expeditiously as the business of

that court would permit without granting any

adjournment to the parties.

It will be open to the trial court to decide

the matter afresh on the basis of the material

already before it or by calling upon the parties

to adduce fresh evidence.

Till such time that a fresh order is

passed on account of alimony pendente lite

and maintenance for the minor daughter, the

husband will be obliged to continue paying a

total amount of Rs.10,000/- per month
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(inclusive of the sum of Rs.2,000/- being paid

pursuant to the orders passed under Section

125 Cr.P.C.). In the unlikely event that the

income of the husband is discovered to be

such that the amount of Rs.8,000/- combined

awarded earlier on account of monthly alimony

and maintenance is found to be more than

permissible, the amount paid in excess will be

adjusted against the dues in terms of the order

to be passed on the fresh adjudication of the

matter.

It is hoped that the decision on alimony

and maintenance pendente lite will be made

within eight weeks of the receipt of a copy of

this order by the trial court.

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.

(Sanjib Banerjee, J.)
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