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Narayan Saha vs Smt. Dipika Saha & Anr on 23 February, 2024

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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
2

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.
3

(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.
4

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
5

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.)

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