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Calcutta High Court (Appellete Side)
Narayan Saha vs Smt. Dipika Saha Anr on 23 February, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
23.02.2024
Sl. No.9(DL)
srm
C.O. No. 3442 of 2023
Narayan Saha
Versus
Smt. Dipika Saha Anr.
Mr. Subhadeep Chatterjee,
Ms. Arpita Kundu
…for the Petitioner.
Mr. Subhajit Chowdhury
…for the Opposite Party No.1.
1.
The revisional application arises out of an order
dated June 23, 2023 passed by the learned Additional
District Judge, Fast Track, 2nd Court at Barrackpore,
North 24-Parganas, in Mat Suit No.299 of 2021.
2. By the order impugned, an application under Section
24 of the Hindu Marriage Act was disposed of
allowing maintenance pendente lite of Rs.12,000/- per
month in total, both for the wife and the child.
Litigation cost of Rs.10,000/- was also imposed.
3. The learned Advocate for the petitioner submits that
the order does not reflect the basic parameters on the
basis of which the learned court arrived at the
finding that maintenance pendente lite of Rs.5,000/-
per month for the wife and Rs.7,000/- per month for
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the child would be reasonable and sufficient. It is
further stated that the husband’s income was not
taken into consideration. Affidavits of assets and
liabilities filed by the parties were not looked into.
The court also recorded that the wife could not file
any document in support of her claim that the
husband earns Rs.1,00,000/- per month.
4. The learned Advocate for the wife submits that the
husband has other income and as such he earns
around Rs.1,00,000/- per month. Rs.12,000/- for the
wife and the child is reasonable. The wife has no
source of income and she has to look after the minor
child. The child studies in class-I, in English medium
school.
5. Having heard learned Counsel for the respective
parties, this Court finds the following defects in the
order impugned:
(i) The income of the husband was not taken into
consideration. There is no finding of such
income.
(ii) Affidavits of assets and liabilities which were
filed by the parties were not discussed.
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(iii) The application was kept pending and the matter
was sent for reconciliation without the same
being disposed of.
(iv) The court found that the wife could not support
her claim that the husband had an income of
Rs.1,00,000/-, yet passed an order allowing
Rs.12,000/- per month as maintenance pendente
lite.
6. Although it is settled law that the wife is entitled to
maintenance pendente lite from the date of fling of the
application, basic parameters with regard to the
award of maintenance pendente lite should have been
considered, i.e.,
(a) Income of the husband.
(b) Expenses of the husband.
(c) Income of the husband from other sources.
(d) Financial condition of the wife.
(e) The status of the parties.
(f) The expected expenses that the wife will incur
for herself and her child in terms of food,
clothing, shelter, education, medicines etc.
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7. This Court is of the view that for determination of
the maintenance pendente lite, the above factors ought
to have been discussed. These issues have to be
decided on consideration of the evidence, both oral
and documentary. The application should have been
disposed of upon considering the above issues.
8. Under such circumstances, the order impugned is set
aside.
9. The learned court is directed to dispose of the said
application under Section 24 of the Hindu Marriage
Act within a period of four months from the date of
communication of this order, if the reconciliation
fails. Parties will be entitled to adduce evidence.
10. Till disposal of the application, the husband shall
pay Rs.6,000/- per month in total, Rs.3,000/- per
month for the wife and Rs.3,000/- per month for the
minor child, as maintenance pendente lite on and
from February, 2024. First of such payment shall be
made within 10th of March, 2024. Thereafter, month
by month every month within 10th of the succeeding
month. Towards arrear maintenance, the husband
will pay an ad hoc amount of Rs.50,000/- in four equal
monthly instalments. First of such instalment shall be
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paid within March 10, 2024 and thereafter within 10th
of the succeeding month till the amount is
liquidated. All payments made earlier, shall be
adjusted with the arrear maintenance and the
amount so awarded by this Court as an interim
maintenance of Rs.6,000/- shall be inclusive of the
amount which is being paid as per the direction of
the court in the proceedings under Section 125,
Cr.P.C.
11. The revisional application is, thus, disposed of.
12. There will be, however, no order as to costs.
13. Parties are to act on the basis of the server copy of
this order.
(Shampa Sarkar, J.)
