—

Item No. 78
13.12.2023
Court. No. 19

GB
C.O. 3735 of 2022

Smt. Tripti Chakraborty
Vs.

Sri Anjan Chakraborty

With

C.O. 3452 of 2022

Sri Anjan Chakraborty
Vs.

Smt. Tripti Chakraborty

Mr. Amal Krishna Saha,
Mr. Sankar Biswas,
Ms. Ananya Adhikary
… for the Petitioner.

Mr. Sukanta Chakraborty,
Mr. Anindya Halder
… for the Opposite Party.

C.O. 3735 of 2022 is allowed. Till the pending

applications, one filed by the husband for reduction of the

maintenance pendente lite and the other filed by the wife for

enhancement of the maintenance pendente lite, are decided

finally, the suit shall remain stayed. Once the husband pays

the amount directed, after disposal of the applications, the

suit will continue.

The law is settled. When applications for maintenance

are pending, the suit should not proceed. When the husband

fails to pay the maintenance also, the suit remains stayed. In

this case, the petitioner in C.O.3452 of 2022 has been paying

an amount of Rs.25,000/- per month on and from July 2022,
2

that is, after his retirement. This Court finds that there are

arrears and there are issues to be adjudicated.

Under such circumstances, it is justified that the

Matrimonial Suit No.3 of 2019 which is pending before the

learned Additional District Judge, Fast Track, 2nd Court at

Alipore, remains stayed till the disposal of the pending

applications.

C.O.3452 of 2022 is an application filed by the

husband challenging an order dated September 26, 2022

passed by the learned Additional District Judge, Fast Track,

2nd Court at Alipore in Matrimonial Suit No.3 of 2019. By the

said order, the application under Section 151 of the Code of

Civil Procedure, filed by the husband/petitioner on June 28,

2022, was rejected. The husband prayed for modification of

the maintenance pendente lite, which was granted in favour

of the wife, on account of changed circumstances.

According to the husband/petitioner, his monthly

pension is Rs.1,08,300/- and it would be impossible for him

to pay Rs.45,000/- per month for maintenance towards the

wife and the child after meeting his regular monthly

expenses. According to the petitioner, a sum of Rs.25,000/-

would be a reasonable amount which he would be

comfortable to pay, considering his financial situation after

superannuation.

The learned court was of the view that as the amount

of maintenance awarded to the wife and the child at the rate

of Rs.45,000/- per month from the date of filing of the

application under Section 24 of the Hindu Marriage Act had
3

been affirmed by the Hon’ble Supreme Court, the said

amount could not be modified.

This Court is of the view that the learned court

proceeded on a misconception. Changed circumstances

would always entitle any party to pray for modification of the

amount of maintenance granted in a proceeding, be it

enhancement or reduction. Of course, it is for the court to

decide whether to modify the amount, on the merits of the

contentions of the parties. It also appears that the wife has

filed an application for enhancement of the amount of

maintenance pendente lite on various grounds, including

subsequent development and sale of valuable property.

Having considered the rival contentions, this Court is

of the view that the order dated September 26, 2022 requires

modification to the extent that the application filed by the

husband under Section 151 of the Code and the application

filed by the wife for enhancement, should be disposed of

analogously, upon granting opportunity to all the parties to

file their documentary evidence and also adduce oral

evidence. Till the disposal of the said applications, the

Matrimonial Suit No.3 of 2019 shall remain stayed. The

petitioner/husband will pay a sum or Rs.2.5 lakhs to the wife

and the child towards arrears in two equal monthly

instalments, which shall be adjusted with the final quantum

fixed by the learned trial court, upon adjudication of the two

applications. First of such instalment shall be paid within

January 10, 2024 and the second instalment shall be paid

within February 15, 2024. All payments and acceptance will
4

be without prejudice to the rights and contentions of the

parties.

Needless to mention, the petitioner shall continue to

pay a sum of Rs.25,000/- per month as current maintenance,

till the disposal of the applications.

This Court has not gone into the merits and demerits

of the claims and counter-claims of the parties. The learned

court shall mandatorily dispose of the two applications

within a period of three months from the next date fixed, on

their merits.

Accordingly, both the revisional applications are

disposed of.

All the parties are directed to act on the basis of the

server copy of this order.

(Shampa Sarkar, J.)