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.)