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Judgments of Supreme Court of India and High Courts

Rudraprasad Kundu vs Namrata Kundu on 2 March, 2020


Sn 2.3.2020 C.O. 714 of 2020

Mr. Saptangshu Basu..Sr.Adv.

Mr. Kumar Jyoti Tewari
Mr. Prantik Ghosh
Ms. Rajlakshmi Ghatak
Mr. Saket Sharma
..for the petitioner

This revisional application is taken up for

hearing out of turn due to urgent mentioning.

The husband in Matrimonial Suit No. 1848 of

2017 pending before the learned Additional District

Judge, 3rd Court at Barasat, North 24 Parganas has

preferred this revisional application, being aggrieved by

an order dated February 5, 2020. By the order

impugned, the learned Court below directed the

petitioner to pay Rs.1,00,000/- per month with effect

from the date of the order as maintenance pendente lite

and litigation cost of Rs.30,000/-.

It is urged that the wife herself has an income

of Rs.2,00,000/- per month. The documents, which had

been disclosed by the petitioner before the learned Court

below, were not considered. The husband produced two

PAN cards in the name of the wife to show that the wife

had suppressed her own income. From the order

impugned, it does not appear that the documents were

at all considered. Prima facie, this matter needs to be

heard out in view of the averments made in the

revisional application and the points taken therein. Stay

of operation of the order impugned till disposal of the

revisional application

The husband will pay litigation cost of

Rs.30,000/- to the wife within March 20, 2020. As

maintenance pendente lite, an amount of Rs.40,000/-

should be paid as an interim measure within 10th of

every month beginning from March, 2020.

Such payment will abide by the final result of

this revisional application. In default of payment as

directed by this Court, the interim order will stand

vacated, and the suit will remain stayed.

Let this matter appear in the monthly

combined list of April, 2020 under the heading

“Contested Application”.

The petitioner is directed to serve a copy of the

revisional application upon the opposite party along with

server copy of this order and file affidavit of service on

the next date.


(Shampa Sarkar,J.)

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