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In Re: Dr. Sanjay Sarbadhikary vs Ms. Mallika Sarbadhikary (Nee … on 11 April, 2019

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11.04.19
Item No.03
Court No. 25
Krishnendu
C.O. No. 1744 of 2017
(Assigned)
In re: An application under Article 227 of the Constitution of India filed on 15.05.2017;
And
In re: Dr. Sanjay Sarbadhikary
– Versus –
Ms. Mallika Sarbadhikary (nee Ghosh)

Mr. Prabal Kumar Mukherjee
Mr. Soumya Roy
Mr. Ayan Kumar Boral
Mr. Munsi Mijanur Rahaman
For the Petitioner

This is an application under Article 227 of the Constitution of India assailing

legality, validity and propriety of an order dated 30th July, 2016 passed by the learned

Additional District Judge, 10th Court at Alipore in Misc. Case No. 31 of 2014 arising out

of MAT. Suit No. 32 of 2014 granting an application under section 24 of the Hindu

Marriage Act directing the present petitioner-husband to pay alimony pendente lite at

the rate of Rs. 22,000/- per month for the minor daughter of the petitioner and the

opposite party and a lump sum amount of Rs.15,000/- towards litigation cost.

The respondent/opposite party is the petitioner before this Court.

The basis of the impugned order is the alleged income of the petitioner, which is in

dispute in the instant revision. Therefore, I am of the view that the instant revision

should be admitted.

Accordingly, the instant revision is admitted for hearing.

Mr. Mukherjee, learned senior counsel appearing for the petitioner, submits that

from the income tax returns, it is prima facie found that the petitioner does not earn

more than Rs. 60,000/- per month and due to matrimonial discord, his profession as a
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Chartered Accountant is ruined. Therefore, he has prayed for interim stay of the

impugned order.

I have heard Mr. Mukherjee, learned senior counsel appearing on behalf of the

petitioner. I have also perused the impugned order as well as the income tax returns of

the petitioner submitted by the learned senior counsel by a supplementary affidavit.

Prima facie, it is asserted from the impugned order itself that the opposite party is

also working as an Associate Professor and Head of the Department of Humanities and

Social Sciences (Indian Institute of Engineering, Science and Technology), Shibpur

(hereafter I.I.E.S.T). It is needless to say that both the parents have equal duty to

maintain their children. In case the wife having no income, the entire responsibility is

shouldered upon by the husband, being the sole earning member of the family.

However, where admittedly the present opposite party has been working as an

Associate Professor and Head of the Department of I.I.E.S.T. Shibpur, she cannot deny

her responsibility to maintain her children.

The learned Trial Judge was of the view that a sum of Rs.22,000/- per month is

required as maintenance pendenti lite for the daughter of the parties. At this stage, I

am not in a position to consider as to whether the impugned order was proper, legal

and valid but since I am of the prima facie view that it is the duty of both the parents

to maintain their children, an interim order is passed directing the present petitioner

to pay maintenance pendente lite to the tune of Rs. 11,000/- per month and if such

payment is made, the impugned order will remain stayed till the disposal of the instant

revision.

The petitioner is directed to serve notice along with the supplementary

affidavit upon the opposite party by speed post with A/D within two weeks from the

date and file affidavit of service within one week thereafter.
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The matter to appear as “Contested Application” after four weeks hence.

(Bibek Chaudhuri, J.)

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