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Partha Sarathi Mondal vs Smt. Rama Debnath on 27 February, 2024

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Calcutta High Court (Appellete Side)

Partha Sarathi Mondal vs Smt. Rama Debnath on 27 February, 2024

Author: Shampa Sarkar

Bench: Shampa Sarkar

27.02.2024
Ct. No. 19
Sl. No.10
Cp

C.O. No. 4281 of 2023

Partha Sarathi Mondal
Vs.
Smt. Rama Debnath

Mr. Amitabha Ghosh
Ms. Arpita Dhar
…..for the petitioner.

By the order dated July 19, 2023, passed by the

learned Additional District Judge, 3rd Court, Alipore in Misc.

Case No. 85 of 2022 arising out of Matrimonial Suit No. 125

of 2018, maintenance pendente lite of Rs.20,000/- per

month was directed to be paid to the wife from the date of

filing of the application till the disposal of the suit. Litigation

cost of Rs.5000/- was also directed to be paid.

Mr. Ghosh, learned advocate appearing on behalf of

the husband, submits that the wife is an income tax

assessee. That money had been given as loan to the wife

amounting to a crore. That the learned court failed to take

into consideration such facts. Bank statements of the wife

had also been filed before the learned court below.

The learned court came to the finding that the wife

did not have any income of her own.

From the documents annexed, it appears that income

tax returns for the Assessment Years 2014-15, 2015-16 and

2019-20 had been filed. In the affidavit of assets, the
2

husband himself stated that at present the wife did not have

any income of her own. It is not the case of the husband

that the wife is a pensioner. Only because the wife who was

married till 2017 had some funds or there was money in the

joint names of the parties, the same would not be relevant

for consideration as to whether the wife needs some money

every month for her sustenance. The learned court found

that the husband earned Rs.96,000/- as pension and

withdrew Rs.70,000/- from the bank. The wife, on the other

hand, earned interest of Rs.2,775/- per month from the

Senior Citizen Savings Scheme. Although the petitioner

stated that he had given money to the wife to invest in the

Senior Citizen Savings Scheme, the said fact was not taken

into consideration by the court as no documents in support

of such claim had been proved. The court found that

Rs.20000/- per month would be a reasonable maintenance

for the wife. From the affidavit of assets and liabilities it

does not appear that the petitioner has any other

dependents.

Under such circumstances, on the finding of facts

which are available from the order impugned, this court

does not find any reason to interfere with the quantum of

maintenance. Maintenance pendente lite is awarded upon

consideration of certain factors:-

a) Income of the parties.

b) Status of the parties.
3

c) Expected expenditure of the parties.

d) Liabilities of the parties.

Admittedly, both parties are senior citizens. The

expenses which the wife may incur for her livelihood would

be approximately Rs.20,000/- considering the food,

clothing, shelter and medical expenses etc. She is also

entitled to enjoy the same status as her husband.

The affidavits of assets do not suggest that the wife

has any income at present. The husband admitted that the

wife did not have any earnings at present. The husband

earns Rs.96,000/- as monthly pension.

Under such circumstances, Rs.20,000/- out of the

monthly pension of Rs.96,000/- does not appear to be

exorbitant. The quantum is reasonable. The learned court

has assessed the evidence properly.

The revisional application is accordingly disposed of

without any interference. There shall be no order as to

costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)

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