(Aloke Kumar Naskar vs Nilima Naskar) on 16 August, 2017

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16.8.2017
tg.
Sl. No. 1
CO 2585 of 2016

(Aloke Kumar Naskar -vs- Nilima Naskar)

Mr. Timir Baran Saha…………..for the petitioner

Mr. Debasish Chattopadhyay
Mr. Gobinda Chandra Baidya
…for the opposite party

Pursuant to the direction in the earlier order while accommodation was

granted, the matter is appearing in the list of this day.

Though Mr. Debasish Chattopadhyay, learned Counsel being assisted by Mr.

Gobinda Chandra Baidya, learned Counsel representing the respondent/wife

Nilima Naskar are present, the respondent is not present in person.

Mr. Timir Baran Saha, learned Counsel representing the petitioner/husband

Aloke Kumar Naskar is present. The petitioner is also present in person along with

his eldest daughter Chandrima Naskar.

On query Chandrima Naskar disclosed in open Court that she has been

residing with her father and grandmother in the father’s house at Subhasgram

under P.S. Sonarpur. She has further disclosed that she will be appearing in Higher

Secondary Examination to be held in the year 2018 from the school namely

Dakshin Barasat Shibdas Acharya High School and she has also disclosed her

registration no. 4162219476. A copy of such registration certificate of Chandrima
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Naskar is kept with the record. On further query she has disclosed that she has

been staying with her father on her own will and she wants to remain there to build

up her future.

Though learned Counsel for the petitioner tried to ventilate that the amount of

maintenance pendente lite should be reduced, as the wife of the petitioner is an

employee, but despite opportunity learned Counsel failed to satisfy the Court at this

stage. However, liberty of the petitioner is kept open to substantiate the proof, if

any, in future as subsequent event, provided he could submit an appropriate

application coupled with authenticated documents in support of his submission

before the learned Trial Judge.

This Court is apprised that the respondent/wife filed an application under

Section 125 of the Code of Criminal Procedure where there was an order of interim

maintenance payable by the petitioner/husband @ Rs. 1600/-, which is presumed to

have been merged with the amount of maintenance pendente lite granted by the

learned Additional District Judge, 1st Court, Alipore in the impugned order dated

26th May, 2016.

Learned Trial Judge allowed the maintenance pendente lite in the suit under

Section 9 of the Hindu Marriage Act filed by the petitioner/husband @ Rs. 5000/-

per month for the wife and Rs. 3000/- each per month for two minor daughters. Be

it mentioned, the elder daughter namely, Chandrima Naskar by this time has come
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to her father and has been staying with him, from where she is intending to appear

in the ensuing Higher Secondary Examination to be held in the year 2018.

Since the elder daughter Chandrima Naskar has been staying with her father

from May, 2017, the petitioner should not be liable for maintenance pendente lite

of the elder daughter beyond April, 2017.

Therefore, in view of such subsequent admitted event that out of those two

daughters, one daughter namely Chandrima Naskar has been staying with her

father, the liability of the petitioner/husband in respect of the maintenance

pendente lite shall remain to the tune of Rs. 5000/- per month for the

respondent/wife and Rs. 3000/- per month for the younger daughter born out of the

wedlock of the parties and Rs. 3000/- per month for the elder daughter Chandrima

Naskar only up to the month of April, 2017.

In view of the above, the order no.30 dated 26th May, 2016 passed by the

learned Additional District Judge, 1st Court, Alipore is modified to the extent as

indicated above.

It may be further mentioned that the amount of interim maintenance as was

passed in the proceeding under Section 125 of the Code of Criminal Procedure

shall be deemed to have been merged with the above amount, which shall remain

in force till the disposal of the matrimonial suit under Section 9 of the Hindu
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Marriage Act or until further order as will be deemed fit and proper by the learned

Trial Judge.

For convenience of both the parties the respondent/wife is directed to supply

her Savings Bank Account number to the petitioner within seven days from this

date, so that the petitioner in stead of making payment in any mode, can deposit the

monthly maintenance as well as the arrear in the said Bank account, failing which

on approach of the respondent/wife, the learned Trial Judge may record an

appropriate order.

The civil revision is, accordingly, disposed of with direction to the learned

Trial Judge to make attempt for expeditious disposal of the matrimonial suit

without granting unnecessary adjournment to either of the parties.

The department is directed to send a copy of this order to the learned Trial

Judge.

No order as to costs.

Photostat certified copy of this order, if applied for, be furnished to the parties

on priority basis.

(Mir Dara Sheko, J.)
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