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Mousumi Sengupta vs Bhaskar Sengupta on 20 November, 2019

1

20.11.2019
Court No. 19
Item No. 35

CP
C.O. 3826 of 2019

Mousumi Sengupta
vs.

Bhaskar Sengupta

Mr. Sukanta Chakrabarty,
Mr. Totan Mistry.

… for the Petitioner.

The petitioner is the wife in a suit for divorce being Mat Suit no. 2 of 2015.

The husband/opposite party has filed the Mat Suit for divorce, on the ground of

cruelty. The couple has a daughter who is around 11 years old. The order

impugned to this proceeding is an order dated August 27, 2019, passed by the

learned Additional District Judge, First Track Court – 7, Alipore, fixing the

quantum of maintenance at Rs.25000/- for the wife and Rs.15000/- for the

minor daughter.

According to the learned advocate for the petitioner, the order impugned

suffers from two irregularities. One that the learned Court did not fix the time

from which the maintenance pendente lite should be given and also did not

award any litigation cost while disposing the application under Section 24 of the

Hindu Marriage Act. It is further submitted that the husband admittedly earned

Rs.2,50,000/- per month but only a meagre amount of Rs.35,000/- for the
2

family has been awarded by the learned Court which did not commensurate with

the status of the husband.

Prima facie, I find an arguable case has been made out by the petitioner.

List this matter in the daily supplementary list on December 13, 2019.

The petitioner is directed to serve a copy of the revisional application upon

the opposite party as also his learned advocate appearing in the Court below by

speed post with acknowledgement due. Affidavit-of-service to be filed on the next

date.

Let there be a stay of all further proceedings in Mat Suit no. 2 of 2015

pending before the learned Additional District Judge, First Track Court – 7,

Alipore for a period of four weeks from date or until further orders whichever is

earlier.

(Shampa Sarkar, J.)

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