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Judgments of Supreme Court of India and High Courts

Biplab Khanra vs Pampa Khanra on 18 February, 2020

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Sn 18.2.2020 C.O. 463 of 2020
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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
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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

adjusted accordingly.

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.

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(Shampa Sarkar, J.)
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