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Judgments of Supreme Court of India and High Courts

Sri Joydeb Jana vs Smt. Rebati Jana on 26 November, 2019

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26.11.2019

srm

C.O. No. 3885 of 2019

Sri Joydeb Jana
Vs.

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.
2

List this matter in the Combined Monthly List of February,

2020.

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

revisional application.

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.)

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