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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.)
