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Biswajit Chakraborty vs Chaitali Chakraborty on 13 December, 2019

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13.12.2019
Court No. 19
Item No. 10
CP
C.O. 4059 of 2018

Biswajit Chakraborty
vs.
Chaitali Chakraborty

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

litigation cost.

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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
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the facts that both the husband and wife were working and they were children

involved.

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
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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

adjusted.

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

costs.

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.)

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