Court No. 25
C.O. No. 1744 of 2017
In re: An application under Article 227 of the Constitution of India filed on 15.05.2017;
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
Chartered Accountant is ruined. Therefore, he has prayed for interim stay of the
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
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.
The matter to appear as “Contested Application” after four weeks hence.
(Bibek Chaudhuri, J.)