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Smt. Rita Rakshit (Das) vs Sri Arindam Rakshit on 30 January, 2019

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IN THE HIGH COURT AT CALCUTTA
30-01-2019

Civil Revisional Jurisdiction
Subrata
C.O.No.576 of 2017
Smt. Rita Rakshit (Das)

-vs-

Sri Arindam Rakshit

Mr. Anindya Bose
Mr. Diptendu Mondal …for the petitioner

Mr. Ankit Agarwala
Ms. Alotriya Mukherjee …for the opposite party

The revisionist-wife is aggrieved by an order dated
November 18, 2016 passed by the Additional District
Judge, Fast Track Court, Chandernagore, Hooghly in
Matrimonial Suit No.335 of 2015 allowing an application
under section 24 of the Hindu Marriage Act, 1955 filed by
the wife ordering the husband to pay the maintenance
pendente lite a sum of Rs.2,000 p.m.

The monthly income of the opposite party-
husband based on the finding of the court below appears
to be in the region of Rs.15,000. While there are other
investments for which commissions received as the agent
of the Life Insurance Corporation of India, the opposite
party states that he is not receiving the other incomes
any more.

It appears that there are subsequent events
involved in this case. In a case under the Domestic
Violence Act, 2005, the Magistrate concerned had
awarded, inter alia, a sum of Rs.4,000 p.m. for the
maintenance which includes rent payable by the opposite
party.

It has, however, not been stipulated that the said
Rs.4,000 would be in addition to the sum of Rs.2000
awarded by the court below in the instant case.

I have considered the facts in detail and the
submissions advanced on behalf of the parties. This
court is of the view that the total amount of maintenance
payable by the husband-opposite party to the petitioner,
including the rent in the proceedings under the
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provisions of the Hindu Marriage Act, 1955 and the
Domestic Violence Act, 2005, should be Rs.5,000. The
same in any event is 1/3rd of the total income of the
husband.

Since it is submitted by the opposite party that
the amount of maintenance pendente lite already
awarded is being paid by him under the two aforesaid
Acts, let the amount of Rs.5,000 as pendente lite alimony
be paid to her, commencing from the month of February
2019 before the seventh day of each succeeding English
calendar month.

Needless to mention, the amount of pendente lite
alimony shall abide by the result of the pending
matrimonial suit in the court below.

It is ordered by consent of the parties that the suit
shall be disposed of within four months from the date of
communication of this order to the court below. The
parties shall co-operate with the hearing and shall not
seek unnecessary adjournment.

With the above, the Article 227 application stands
disposed of. No order as to costs.

Certified website copy of this order, if applied for,
shall be given to the parties.

[Rajasekhar Mantha, J]
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