SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Pallab Paul vs Piyali Paul on 27 February, 2020

1

27.02.2020

srm

C.O. No. 2825 of 2019

Pallab Paul
Vs.

Piyali Paul

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
2

Rs.4,000/‐ per month could not have been passed by the learned Court

below.

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

parties.

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
3

monthly instalments payable on April 30, 2020, May 31, 2020 and June

30, 2020.

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.)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation