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
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.)