C.O. No. 3885 of 2019
Sri Joydeb Jana
Smt. Rebati Jana
Mrs. Manideepa (Paul) Roy
…for the Petitioner.
The husband in the matrimonial suit is the petitioner before
this Court. He is aggrieved by an order dated July 8, 2019 passed
by the learned Additional District Judge, Fast Track Court-II at
Howrah in Misc. Case No.15 of 2016 arising out of Mat Suit
No.827 of 2015.
The contention of the husband is that without arriving at a
proper finding as to the income of the husband and upon taking
into consideration documents, which were not marked as
exhibits, the learned Court below awarded a sum of Rs.15,000/-
per month to the wife along with Rs.10,000/- as litigation costs.
From the order impugned, it appears that the Court has
relied on some documents which were filed in the form of firisti.
Prima facie, I do not find any finding with regard to the specific
income of the husband or requirement of the wife.
The petitioner has made out an arguable case.
List this matter in the Combined Monthly List of February,
There will be stay of operation of the order dated July 8,
2019 passed in Misc. Case No.15 of 2016 arising out of Mat Suit
No.827 of 2015 pending before the learned Additional District
Judge, Fast Track Court-II at Howrah up to March 31, 2020.
In the meantime, the petitioner as an interim arrangement
will pay to the wife a sum of Rs.10,000/- per month from the date
of filing of the application under Section 24 of the Hindu Marriage
Act and also pay the litigation costs, as directed by the learned
Court below. The litigation cost will be paid within 15 days from
the date of this order. The maintenance pendente lite should be
paid within 10th of every month. Arrears to be paid by six equal
monthly instalments. Each instalment be paid within 10th of
every month. All payments will abide by the result of this
Learned Advocate-on-record for the petitioner is directed to
serve copy of the revisional application upon the opposite party
by registered post with acknowledgement due and to file affidavit-
of-service on the next date.
(Shampa Sarkar, J.)