C.O. No. 2825 of 2019
Mr. Debajyoti Deb,
Mr. Sanjay Kumar Das
…for the Petitioner.
Mr. Supratick Syamal,
Mr. Alakesh Dalai
…for the Opposite Party.
Affidavit‐of‐service is taken on record.
The petitioner is aggrieved by an order dated May 31, 2019 passed
by the learned Additional District Judge, 13th Court at Alipore, South 24‐
Parganas in Misc. Case No.25 of 2018 arising out of Matrimonial Suit
No.37 of 2017.
It is submitted on behalf of the petitioner that once there was an
amicable settlement on compromise in the proceedings under Section
125 of the Cr.P.C. between the parties as to the quantum of maintenance
to be paid and the parties agreed that an amount of Rs.4,500/‐ would be
paid per month to the opposite party, a further direction to pay
Rs.4,000/‐ per month could not have been passed by the learned Court
The learned Court below, it appears, proceeded on the basis that
the opposite party/wife was getting Rs.3,000/‐ per month and upon
considering the financial ability of the husband awarded Rs.4,000/‐ as
maintenance pendente lite along with Rs.10,000/‐ as one time litigation
costs. It is urged that the learned Court below proceeded as if Rs.4,000/‐
would be paid in addition to the amount already settled between the
Learned Advocate for the opposite party/wife submits that the
revisional application is misconceived, inasmuch as, the learned Court
below did not direct payment of Rs.4,000/‐ plus Rs.4,500/‐.
Under such circumstances, this revisional application is disposed
of with a direction upon the husband to pay Rs.4,500/‐ per month as
maintenance pendente lite payable from the date of filing of the
application under Section 36 of the Special Marriage Act as also one time
litigation costs. Payment for the month of March, 2020 shall be made
within March 10, 2020. The remaining monthly payment should be made
within 10th of each succeeding months. Payment of arrears, if any, shall
be made upon adjustment of the amount already paid in three equal
monthly instalments payable on April 30, 2020, May 31, 2020 and June
This revisional application is, thus, disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be
given to the parties on priority basis.
(Shampa Sarkar, J.)