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30 25.7.2017
CO 4661 of 2016
gd
Smt. Dipannita Bose (Chatterjee)
Vs.
Sri Sankar Bose
with
CO 3983 of 2016
Sri Sankar Bose
Vs.
Smt. Dipannita Bose (Chatterjee)
Mr. Hiranmay Bhattacharyya
..for the Husband
Mr. Aniruddha Chatterjee
..for the Wife
Both the husband and the wife question
an order passed under Section 24 of the Hindu
Marriage Act, 1955. According to the wife, the
husband has substantial income but has
deliberately suppressed such fact in the court
below and not produced the best evidence of
his monthly income. The husband, on the
other hand, claims that the trial court could
not have directed a sum of Rs.8,000/- to be
paid on a monthly basis on account of alimony
pendente lite and maintenance for the minor
daughter without first arriving at a finding as
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to the husband’s monthly income.
It appears that the wife alleged that the
husband had a monthly income in excess of
Rs.70,000/-. However, the husband claimed
that he earned about Rs.4,500/- as a football
coach with an NGO. The husband also
claimed that the family business had been
taken over by the husband’s mother or sold or,
in any event, the husband was not connected
therewith.
While it is evident that the trial court did
not believe that the husband’s income was a
mere Rs.4,500/- per month, it does not appear
from the order impugned dated July 4, 2016
that any finding was rendered by the court as
to the possible monthly income of the
husband. Ordinarily, the first thing done
before any amount is directed to be paid on
account of alimony pendente lite and
maintenance is to ascertain the husband’s
income. In this case, the trial court gives the
impression that the husband’s income has
been taken to be much more than Rs.4,500/-
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since he has been directed to pay Rs.8,000/-
per month, but the extent of the husband’s
income as assessed by the trial court is not
reflected in the order.
Accordingly, CO 4661 of 2016 and CO
3983 of 2016 are disposed of by setting aside
the order impugned and requesting the
Additional District Judge, 16th Court at Alipore
to take up the application under Section 24 of
the Hindu Marriage Act, 1955 in Matrimonial
Suit No.30 of 2014 on remand and dispose of
the same as expeditiously as the business of
that court would permit without granting any
adjournment to the parties.
It will be open to the trial court to decide
the matter afresh on the basis of the material
already before it or by calling upon the parties
to adduce fresh evidence.
Till such time that a fresh order is
passed on account of alimony pendente lite
and maintenance for the minor daughter, the
husband will be obliged to continue paying a
total amount of Rs.10,000/- per month
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(inclusive of the sum of Rs.2,000/- being paid
pursuant to the orders passed under Section
125 Cr.P.C.). In the unlikely event that the
income of the husband is discovered to be
such that the amount of Rs.8,000/- combined
awarded earlier on account of monthly alimony
and maintenance is found to be more than
permissible, the amount paid in excess will be
adjusted against the dues in terms of the order
to be passed on the fresh adjudication of the
matter.
It is hoped that the decision on alimony
and maintenance pendente lite will be made
within eight weeks of the receipt of a copy of
this order by the trial court.
There will be no order as to costs.
Urgent certified website copies of this
order, if applied for, be made available to the
parties upon compliance with the requisite
formalities.
(Sanjib Banerjee, J.)
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