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Judgments of Supreme Court of India and High Courts

Smt. Bijali Maity (Paria) vs Sri Partha Sakha Maity on 25 July, 2019




C.O. 66 of 2019

Smt. Bijali Maity (Paria)


Sri Partha Sakha Maity

Mr. Pritam Chowdhury.

… for the petitioner.

Mr. Jayanta Kumar Das,
Ms. Madhumanti Das.

….for the opposite party.

Affidavit-of-service filed in Court today be kept with the records.

The revisional application under SectionArticle 227 of the Constitution of India

is at the instance of the wife in a matrimonial suit filed by the opposite party

for dissolution of marriage between the parties by a decree of divorce and is

directed against Order No. 21 dated September 19, 2018 passed by the learned

Additional District Judge, 2nd Court, Contai, Purba Medinipur in J. Misc. Case

No. 11 of 2018 arising out of Matrimonial Suit No. 22 of 2018.

The opposite party filed an application for alimony pendente lite and for

litigation expenses in the connected matrimonial suit.

The learned Trial Judge by the order impugned has dismissed the said

application on the ground that the wife is getting maintenance from the

proceedings under Section 125 of the Code of Criminal Procedure and also

from a proceeding under Section 23 of the Protection of Women from SectionDomestic

Violence Act, 2005.


The law is well settled that the amount of maintenance which has been

awarded in favour of the party applying for alimony pendente lite in any other

proceeding shall be adjusted against the amount that may be awarded in

favour of the said party in the matrimonial suit on an application for alimony

pendente lite.

Simply because in another proceeding an amount of maintenance has

been awarded in favour of the petitioner, the right of the petitioner to get

maintenance pendente lite in the matrimonial proceeding cannot be denied.

The order impugned, therefore, suffers from material irregularity and is,

accordingly, set aside.

C.O. 66 of 2019 is disposed of by directing the learned Trial Judge to

decide the application for alimony pendente lite afresh in accordance with law

and to dispose it of expeditiously preferably within two months from the date of

communication of this order.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied

to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)

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