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Judgments of Supreme Court of India and High Courts

29.08.2019 vs (Sl 59) Smt. Sampa Sen (Nandi) on 29 August, 2019

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Court No. 5 CO 2398 of 2019

Asim Kumar Sen
29.08.2019

Versus
(SL 59) Smt. Sampa Sen (Nandi)

(S. Banerjee)

Mr. Sabir Ahmed, learned advocate
Mr. Gopal Krishna Maity, learned advocate
… for the petitioner

The husband in a suit for divorce has filed the
instant application under SectionArticle 227 of the Constitution of
India challenging an order dated March 11, 2019 passed
by the learned Addl. District Judge, Fast Track Court No. 3
at Barasat, Dist. North 24 Parganas in Matrimonial Suit
No. 105 of 2014.

The petitioner has raised a point in the instant civil
revisional application that when in an earlier suit a decree
of permanent alimony was passed and the petitioner is
making payment in compliance with the said decree,
whether the husband is liable to pay any alimony under
Section 24 of the Hindu Marriage Act in connection with
the subsequent suit. The wife/opposite party is to be put
on notice for the purpose of adjudication of this point.

The petitioner is directed to serve a copy of this
application upon the wife/opposite party herein by speed
post with acknowledgement due informing her that this
application shall appear before the appropriate bench
under the heading ‘contested application’ after three
weeks. In addition thereto the petitioner shall also serve a
copy of this application upon the learned advocate
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appearing on behalf of the wife/opposite party herein
before the learned court below.

The learned advocate appearing on behalf of the
petitioner submits that the learned court below directed
the husband to pay a sum of Rs. 3,00,000/- in lump sum
as arrears of maintenance in six monthly instalments
within September, 2019. He further submits that by the
impugned order the learned trial judge directed the
husband to pay maintenance pendente lite at the rate of
Rs. 7,000/- per month for herself and Rs. 6,000/- per
month for the minor son with effect from the date of the
order, i.e., from March 11, 2019. He further submits that
the learned trial judge acted illegally and with material
irregularity by directing the husband to pay a sum of Rs.
3,00,000/- as arrears of maintenance when the learned
Trial Judge held that the husband is liable to pay
maintenance only with effect from the date of the
impugned order.

There is substance in such submission made by the
learned advocate for the petitioner. As such, the operation
of the order to the extent by which the husband was
directed to pay a total sum of Rs. 3,00,000/- in lump sum
as arrear of maintenance in six monthly instalments
within September, 2019 shall remain stayed for a period of
four weeks from date subject to the condition that the
petitioner shall pay the total amount on account of
maintenance to the wife at the rate of Rs. 7,000/- per
month for herself and Rs. 6,000/- per month for the minor
son with effect from the date of order passed by the
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learned trial judge within a period of three weeks from
date. In default of making payment in terms of this order,
the order of stay shall stand vacated without any further
reference to this court.

(Hiranmay Bhattacharyya, J.)

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