SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Pradipta Sarkar vs Payal Sarkar on 24 June, 2019


Sl.No. 37

FAT 308 of 2016

Pradipta Sarkar
Payal Sarkar

Mr. Siddhartha Lahiri
…for the appellant/husband
Mr. Anit Rakshit
Mr. S.S. Bayerd
…for the respondent/wife

Re: CAN 191 of 2018 (Sec. 24)
CAN 5886 of 2018 (alimony pendente lite)

It is an admitted position that the respondent wife is

earning about Rs. 15,000/- per month as salary working as a

teacher in a school.

Mr. Lahiri for the appellant husband submits that in view

of this position, the maintenance pendente lite of Rs. 13,100/-

per month should be reduced.

The child is 9 years of age, going to school. Even if we

assume that the wife’s earning of Rs. 15,000/- is adequate to

maintain her, a sum of Rs. 13100/- for the monthly

maintenance of the child is certainly not excessive nowadays.

Hence, we are not minded to vary our interim order at this

stage. The appellant husband will keep on paying 13100/- per

month to the respondent wife in accordance with the existing


Considering the admission recorded above regarding the

income of the wife, the major portion of this alimony pendente

lite should be utilised for the welfare of the child.

Both the applications (CAN 191 of 2018 and CAN 5886 of

2018) are disposed of by this order.

Re: CAN 373 of 2019 (modification)

This is an application by the appellant husband for

modification of visitation rights.

We direct that the visitation rights as contained in the order

dated 13th December, 2018 will continue with the only

modification as stated below:

The respondent wife will sent the child, accompanied by a

female attendant of her choice to the residence of the appellant

on the last Saturday of every month at about 6 O’clock in the

evening. The child will spend the evening and stay for the night

in her father’s house with the attendant. The father will reach

the child and the attendant to the mother’s residence by 1 p.m.

the following Sunday.


All costs and charges including the remuneration of the

attendant will be borne by the father.

Therefore, the order dated 13th December, 2018 will not be

operative during the last weekend of the month.

At the request of Mr. Lahiri, visitation time can be altered

by consent of the p0arties but should not be less than 1 hour

per day, considering the convenience of the child.

The application CAN 373 of 2019 is disposed of accordingly.

Re: FAT 308 of 2016

The advocate on record for the appellant is to prepare and

file the requisite number of informal paper books by 22nd July,

2019, serving at least one copy thereof on the advocate on

record for the respondent wife not latter than 7 days before the

date of hearing of the appeal.

List the appeal for hearing on 7th August, 2019.

Liberty to mention for early hearing.

Urgent certified photo copy of this order, if applied for, be

given to the parties upon compliance of all requisite formalities.

( I. P. Mukerji,J. )

( Md. Nizamuddin,J. )

Leave a Reply

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

Copyright © 2021 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