IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
FAT 308 of 2016
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. )