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Judgments of Supreme Court of India and High Courts

Smt. Dipali Saha vs Mukul Ranjan Saha on 4 December, 2019

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04.12.2019

srm

C.O. No. 3996 of 2019
Smt. Dipali Saha
Vs.

Mukul Ranjan Saha

Mr. Madhusud Saha Roy
…for the Petitioner.

The wife in Mat Suit No.62 of 2007, pending before the learned

Additional District Judge, 3rd Court at Barrackpore, North 24‐Parganas,

is the petitioner before this Court. The petitioner filed an application

under Section 24 of the Hindu Marriage Act, 1955 for maintenance

pendente lite. By an order dated January 30, 2019, the application for

maintenance pendente lite was disposed of directing the opposite

party/husband to pay Rs.12,000/‐ per month as alimony pendente lite

from the date of the order and Rs.1,000/‐ as litigation cost.

Aggrieved, the revisional application has been filed on the ground

that contrary to the settled principle of law, the maintenance pendente lite

has been directed to be paid from the date of the order and not from the

date of the application.

An arguable case has been made out by the petitioner.
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List this matter in the Daily Supplementary Cause List on

December 19, 2019 under the heading “Fixed Matter” at 3.00 p.m.

Learned Advocate‐on‐record for the petitioner is directed to serve

a copy of the revisional application upon the opposite party/husband by

registered speed post with acknowledgement due and to file affidavit‐of‐

service on the next date.

It is further stated that the husband has not been paying the

amount as directed by the learned Court below.

There shall be stay of all further proceedings in MAT Suit No.62 of

2007 pending before the learned Additional District Judge, 3rd Court at

Barrackpore, District:‐ 24 Paraganas North till February 29, 2020, or until

further orders whichever is earlier.

(Shampa Sarkar, J.)

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