Court No. 19
Item No. 10
C.O. 4059 of 2018
Mr. Arup Banerjee,
Mr. Somnath Banerjee.
… for the Petitioner.
Mr. Subrata Bhattacharyya.
….for the opposite party.
CAN 9496 of 2019 has been filed for expeditious disposal of this revisional
application. Photocopy of the same is taken on record. The application is treated
as on day’s list and taken up for consideration with the consent of the parties
and the same is dismissed.
This revisional application has been filed by the husband who is the
respondent in Mat Suit No. 512 of 2017 pending before the learned Additional
District Judge at Durgapur. On an application under Section 36 of the Special
Marriage Act, 1954, the learned court below has disposed of the said application
with a direction upon the husband to pay maintenance pendente lite @ Rs.
15,000/- per month to the wife, the opposite party/wife and Rs.50,000/- as
Aggrieved, the petitioner has approached this Court on the ground that the
salary slip filed before the court below would indicate that the gross salary of the
petitioner was only Rs.23,791.59. It appears that the learned court below found
that the petitioner was not attending the office regularly and hence, there was
some deduction in his salary. The salary slip showed that the petitioner was
absent for 13 days. It also appears from the salary slip that there are PF loans
taken by the petitioner against which there are deductions. There is a “Conv.
Loan” and “Coop. Loan” against which there are deductions from his salary.
Admittedly, the petitioner is a technician in Durgapur Steel Plant under
SAIL. This is a public sector undertaking. The petitioner’s father is a retired
employee of in Durgapur Steel Plant. Thus, the status of the petitioner would
show that they belonged to a middle class, bengali family. The opposite
party/wife does not have any income. The other facilities are also available to the
petitioner like canteen allowance and other allowances.
Thus, the learned court below upon appreciation of the salary slip of the
petitioner and the status of the petitioner awarded Rs.15,000/- per month as
maintenance pendente lite from the date of filing of the application.
The learned advocate for the petitioner relies on the decision of this Court
in the decision reported in 2016 (3) CLJ (Cal) 36 (SectionSoummopriyo Chakrabarti v.
Twinkle Chakrabarty), wherein it has been observed that the general trend was
that one-fifth of the respondent’s income should be awarded. The said judgment
was rendered in a totally different facts situation, inasmuch as, it appears from
the facts that both the husband and wife were working and they were children
Admittedly, there is no hard and fast rule as to what should be the
maintenance pendente lite. But the Court, however, observed that the
maintenance pendente lite could be something between one-third and one-fifth of
the income of the husband.
The decision relied on by the learned advocate for the petitioner in the
matter of SectionJasbir Kaur Sehgal (Smt.) vs. District Judge, Dehradun Ors.,
reported in (1997) 7 SCC 7, wherein it has been held that the Court has to
consider the status of the parties, their needs and the capacity of the husband to
pay maintenance after meeting reasonable expenses for himself and of those he
was obliged under the law to pay for. The amount of maintenance fixed for the
wife should be such that she can live a reasonably comfortable life considering
the status and mode of life she used to when she left her matrimonial home.
Admittedly, the opposite party/wife was married into a household where
the husband is a technician of Durgapur Steel Plant under SAIL and the father-
in-law is a retired employee of Durgapur Steel Plant who earns pension. There is
no evidence on record before the Court produced by the petitioner which
suggests that his father and his mother were dependent on his income. There are
no children involved either.
As such, I have no hesitation to hold that commensurate with the status of
the husband and the status of the wife to which she was used to prior to having
left her matrimonial home, maintenance pendente lite @ Rs.10,000/- per month
from the date of filing of the application was a reasonable amount. The litigation
cost is reduced to Rs.30,000/- and the same will be paid in five equal monthly
instalments. First of such instalments will begin from January, 2020. The
current maintenance pendente lite @ Rs.10,000/- per month should be paid
within the first week of every month beginning from January, 2020. The arrears,
i.e. from the date of filing of the application upto December, 2020 @ Rs.10,000/-
per month will be paid in ten equal monthly instalments. The amount already
paid pursuant to the direction of the learned court below by this Court will be
The learned advocates prayed that the learned court below may be directed
to dispose of the matrimonial suit as expeditiously as possible. Upon such
prayer, the learned court below is requested to expedite the hearing of the suit
and complete the same preferably within eight months from the date of
communication of this order.
The revisional application is disposed of. There shall be no order as to
Urgent photostat certified copy of this order, if applied for, be given to the
parties as expeditiously as possible upon complying with all usual formalities.
(Shampa Sarkar, J.)