Sn 18.2.2020 C.O. 463 of 2020
BIPLAB KHANRA VS. PAMPA KHANRA
Mr. Somnath Roychowdhury
..for the petitioner
The husband in Matrimonial Suit No. 54 of
2017 pending before the learned Additional District
Judge, 1st Court at Howrah has filed this revisional
application challenging an order dated November 16,
2019 by which the Misc. Case No.04 of 2018, filed by the
opposite party/wife claiming maintenance pendente lite
was allowed and Rs.7,000/- per month was directed to
be paid from the date of application along with litigation
costs of Rs.10,000/-.
The petitioner has challenged the
aforementioned order on three grounds. First, the
learned Court below has not determined the income of
the husband. Second, the wife lives in the matrimonial
house and the expenditure with regard food and lodging
are borne by the husband’s family. Third, the
expenditure of the children is also borne by the husband
or his family and the husband/petitioner was residing
elsewhere in a rented accommodation as the opposite
party was occupying his room in the matrimonial house.
There shall be stay of operation of the order
dated November 16, 2019 up to June 30, 2020, or until
further orders whichever is earlier.
In the meantime, the husband will go on
paying maintenance pendente lite @ Rs.4,000/- per
month to the wife month by month beginning March 15,
2020 and thereafter within every 15th of the following
months. Litigation costs of Rs. 10,000/- is to be paid as
directed by the learned Court below.
A lumpsum amount of Rs.25,000/- is to be
paid by the husband on account of arrear maintenance
within April 25, 2020. All payments will be subject to the
final decision of this revisional application and will be
Let this matter appear in the monthly
combined list of April, 2020 under the heading
“Contested Application” within first 15 matters.
The petitioner is directed to serve a copy of
this application upon the opposite party and file affidavit
of service on the next date.
(Shampa Sarkar, J.)