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Shakun Gupta vs Payel Gupta on 11 December, 2019

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11.12.2019
Court No. 19
Item No. 15
CP
C.O. 4127 of 2019

Shakun Gupta
vs.

Payel Gupta

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
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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.)

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