Court No. 19
Item No. 15
C.O. 4127 of 2019
Mr. Arijeet Das Mullick,
Mr. Subhasis Pyne.
…….for the petitioner.
The is an application filed by the father/husband in Mat Suit No. 1 of
2014. The opposite party/wife filed an application under Section 24 of the Hindu
Marriage Act, 1955 before the learned Additional District Judge, 8th Court at
Alipore, South 24-Parganas for maintenance pendente lite. The said application
was registered as Misc. Case No. 21 of 2014.
By an order dated September 23, 2019 the learned court below awarded
maintenance pendente lite @ Rs.10,000/- per month in favour of the minor child
with effect from the date of filing of the Misc. Case. The father is not unwilling to
pay the amount.
It is the contention of the father/petitioner that the order may be modified
to the extent, that the father may pay the school fees of the child directly and the
remaining amount may be tendered to the bank account of the wife/mother. The
reason given by the learned counsel for the petitioner justifying such modification
is that the petitioner/father often does not get to know about the whereabouts of
the child and often the child is removed from one school to another without
informing the father.
Although the apprehension of the father that the child may be removed
from a particular school may be justified, yet this cannot be a ground for
modification of the order awarding maintenance for the child @ Rs.10,000/- per
month with effect from the date of filing of the Misc. Case.
Under such circumstances, this revisional application is dismissed.
It is informed that the father has already got visitation rights by an order
passed by the learned court below. The father will be at liberty to approach the
learned court below in case any attempt is made to remove the child from a
particular school which might affect his visitation right.
The order impugned is silent about the mode of payment and the petitioner
will also be at liberty approach the learned court below seeking clarification as to
how the payment of Rs.10,000/- per month should be made.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the
parties as expeditiously as possible upon complying with all usual formalities.
(Shampa Sarkar, J.)