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Khusilal Naskar vs Uma Naskar on 1 April, 2024

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Calcutta High Court (Appellete Side)

Khusilal Naskar vs Uma Naskar on 1 April, 2024

Author: Shampa Sarkar

Bench: Shampa Sarkar

01.04.2024
Ct. No. 19
Sl. Nos.22 2931
Cp

C.O. No. 3964 of 2022

Khusilal Naskar
Vs.
Uma Naskar

With

C.O. 253 of 2023

Uma Naskar
Vs.
Khusilal Naskar

Mr. Tanmoy Mukherjee
Mr. Manoranjan Jana
Ms. Mitali Jana
Mr. Rudranil Das
Mr. Soumava Santra
….for the petitioner
in C.O. No. 3964 of 2022.

Mr. Peasant Bishal

….for the opposite party
in C.O. No. 3964 of 2022.

1.

C.O. 3964 of 2022 and C.O. 253 of 2023 are taken up

together for hearing and are disposed of by this

common order. The same arise out of the order dated

November 14, 2022, passed by the learned Additional

District Judge, 9th Court, Alipore in Misc. Case No. 15

of 2002. Misc. Case No. 15 of 2002 arises out of

Matrimonial Suit No.15 of 2002.

2. By the order impugned, the learned court allowed an

application filed by the wife for enhancement of the

maintenance, owing to change in circumstances.
2

Enhancement of salary of the husband to

Rs.1,45,000/- per month during the pendency of the

Mat Suit and subsequent receipt of a lumpsum

amount of money towards retirement benefit, led to

this application.

3. The specific case of the wife was that when the order

was passed by the High Court with regard to

maintenance pendente lite, the salary of the husband

was Rs.45,000/-. Subsequently, the husband got a

promotion and he retired while drawing a salary of

Rs.1,45,000/-. Thereafter, monthly pension of the

husband of Rs.53,000/- was received. The wife

claimed enhancement for herself and for the

unmarried daughter. The learned Trial Judge heard

the parties and also considered the orders passed in

the proceedings under the Domestic Violence Act and

directed that Rs.16,000/- per month as enhanced

maintenance from the date of the order, for the

petitioner and the daughter.

4. According to the wife, namely, Uma Naskar, the

present monthly pension is around Rs.63,779/- and

Rs.16,000/- was meagre. Moreover, the

superannuation benefits of the husband was around

Rs.80,00,000/-.

5. Mr. Mukherjee, learned advocate represents the

husband and submits that the order impugned suffers
3

from various irregularities. The daughter who had

attained the age of majority was not entitled to any

maintenance under Section 24 of the Hindu Marriage

Act. The receipt of the retirement benefits to the extent

of Rs.80,00,000/- could not be proved before the

court. The son, who is a B. Tech engineer, was also

looking after the wife/mother.

6. Having heard the rival contentions of the respective

parties, this court is of the view that maintenance for

the daughter cannot be directed by the court while

deciding an application for enhancement under

Section 24 of the Hindu Marriage Act. She had

attained majority. However, this court cannot rule out

the change in the circumstances, inasmuch as, the

income of the husband had gone up in the meantime

and at present the pension is around Rs.63,779/-. It

cannot be also ruled out that a substantial amount

may have been received at the time of retirement as

the husband was serving in a responsible and senior

post. This is a fit case for enhancement of

maintenance pendente lite for the wife.

7. Under such circumstances, both the revisional

applications are disposed of with the following

modifications to the order impugned:-

a) Towards arrears, a sum of Rs.2,00,000/- shall

be paid to the wife within two weeks from date.

4

This amount is a rough calculation made by this

court having regard to the fact that the income

of the husband had substantially increased over

a period of time and the status of the wife

should have improved with such enhancement.

The amount awarded earlier was insufficient,

considering the price index.

b) Rs. 13,000/- per month as maintenance

pendente lite shall be paid exclusively to the

wife, month by month every month, on and from

April, 2024 within 10th of the month.

c) The daughter may proceed under the

appropriate law for maintenance against her

father.

8. It appears that the Matrimonial Suit has been pending

for 21 years. The children have attained majority in

the meantime and have almost completed their

education. The son is 39 years old and the daughter is

28 years old.

9. Thus, in my opinion, the parties should be relegated to

mediation and the learned Trial Judge must explore

the possibility of a settlement by way of mediation,

especially in view of the allegation and counter

allegation made by the parties in this regard.

10. The revisional applications are disposed accordingly.

There shall be no order as to costs.

5

Parties are to act on the server copy of this order.

A photocopy of this judgment and order shall be

retained with the records of C.O. 253 of 2023.

(Shampa Sarkar, J.)

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