Sn 4.3.2020 C.O. 3996 of 2019
DIPALI SAHA VS. MUKUL RANJAN SAHA
Mr. Madhusudan Saha Roy
..for the petitioner
Mr. Prodyut Kundu
..for the opposite party
The petitioner before this Court is the wife in
Matrimonial Suit No. 62 of 2007, pending before the learned
Additional District Judge, 3rd Court at Barrackpore, North 24
The petitioner is aggrieved by the order dated
January 30, 2019 passed by the learned Court below allowing
maintenance pendente lite of Rs.12,000/‐ per month from the
date of the order and not from the date of the application.
Mr. Saha Roy relied on a decision of Smt. Saroj
Devi Vs.Ashok Puri Goswami, reported in AIR 1988 Rajasthan
On the other hand, the learned Advocate for the
opposite party/husband submits that as the opposite party was
paying maintenance to the tune of Rs. 10,000/‐ per month on
the basis of the order of the learned Judicial Magistrate, 5th
Court at Barrackpore, North 24 Parganas in a proceeding
under Section 125 of the Code of Civil Procedure, the
petitioner was not entitled to maintenance pendente lite from
the date of the application.
Having considered the submissions made by the
respective parties, I am of the opinion that the order of
payment maintenance pendente lite at the rate of Rs.12,000/‐
per month from the date of the order is erroneous.
The husband should be directed to pay an amount
of Rs.12,000/‐ per month from the date of the application, that
is, December 1, 2017. The litigation cost will be paid as
However, it is made clear that the amount paid on
and from December 1, 2017 pursuant to the order of the
learned Judicial Magistrate, 5th Court at Barrackpore, North 24
Parganas will be adjusted and the arrears will be paid after
such adjustments, by the husband in four equal monthly
instalments along with current amount.
This revisional application is disposed of.
There will be however no order as to costs.
Urgent photostat certified copy of this order be
given to the parties on priority basis, if the same is applied for.