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Sn 2.3.2020 C.O. 714 of 2020
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RUDRAPRASAD KUNDU VS. NAMRATA KUNDU
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
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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.
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(Shampa Sarkar,J.)
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