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Sri Gunjan Agarwal vs Smt. Swati Agarwal on 22 November, 2019




C.O. No. 2374 of 2019

Sri Gunjan Agarwal
Smt. Swati Agarwal

Mr. S.K. Gupta,
Mr. S. Mukherjee
…for the Petitioner.

This is an application challenging an order dated June 13,

2019 passed by the learned Additional District Judge, 1st Court at

Barasat in MAT Suit No.144 of 2018. Upon a contested hearing

and upon consideration of the issue involved in this case the

application under Section 24 of the Hindu Marriage Act filed by

the wife/opposite was disposed with a direction upon the

husband to pay Rs.12,500/- per month towards the maintenance

pendente lite less any amount paid under the SectionDomestic Violence

Act and/or Section 125 of the Code of Criminal Procedure. The

payments were directed to be made @ Rs.12,500/- with effect

from the date of application that is June 27, 2019. The arrears

were directed to be paid in 5 monthly instalments and along with

litigation costs of Rs.10,000/-. Learned Court below considered

the averments and the income tax return filed by the petitioner

and arrived at the conclusion that the income of the petitioner

could be taken as Rs.50,000/- and awarded one-fourth of the

same. Learned Court below also came to a finding that in 2017 a

sum of Rs.10,000/- had been awarded in the proceeding under

the SectionPWDV Act.

It is submitted on behalf of the petitioner/husband that the

petitioner used to be employed in a Reality Company but he was

terminated and now he does some contractual works and gives


It is a settled principle that the wife is entitled to

maintenance which commensurates with the position of the

husband. The records reveal that the petitioner comes from a well

to do family. In any event, the sum awarded does not seem to be


This revisional application is, therefore, dismissed without

any interference with the order dated June 13, 2019 passed by

the learned Additional District Judge, 1st Court at Barasat in MAT

Suit No.144 of 2018.

There will be, however, no order as to costs.

The learned Advocate for the petitioner prays that the

necessary directions upon the learned Court below for

expeditious disposal of the suit.

Considering such prayer, the learned Additional District

Judge, 1st Court at Barasat is requested to dispose of the

matrimonial suit as expeditiously as possible without giving

unnecessary adjournments to either of the parties.

Urgent photostat certified copy of this order, if applied for,

be given to the parties on priority basis.

(Shampa Sarkar, J.)

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