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Judgments of Supreme Court of India and High Courts

Sri Koushik Aich vs Smt. Mita Aich Nee Raychowdhury on 6 December, 2023

Item No. 15
06.12.2023
Court. No. 19

GB
C.O. 907 of 2023

Sri Koushik Aich
Vs.

Smt. Mita Aich nee Raychowdhury

Ms. Sohini Chakraborty
Ms. Prajaini Das
… for the Petitioner.

Prima facie, it appears that the learned Additional

District Judge, 4th Court at Alipore ought to have taken into

consideration the contention of the husband/petitioner that

he was unemployed during the COVID period, when the

misc. case was filed and heard.

The matter requires further hearing upon notice to the

opposite party/wife.

In the meantime, the petitioner will pay a sum of

Rs.10,000/- per month on and from December 2023 as

maintenance pendente lite within January 10, 2024 and

month by month within 10th of every succeeding month.

With regard to the arrears on and from the date of filing of

the Misc. Case to November 2023, the husband will pay an

ad hoc amount of Rs.60,000/- in two equal monthly

instalments. First of such instalment will be paid within

January 10, 2024 and the next within February 10, 2024

along with current maintenance.

The operation of the order dated February 9, 2023

shall remain stayed upon compliance of the above directions
2

of this Court. In case of default, the stay will automatically

stand vacated.

The petitioner will file a supplementary affidavit on

the next date indicating the compliance of this order.

The petitioner is directed to serve a copy of this

revisional application along upon with server copy of this

order upon the opposite party as also the learned Advocate

appearing on behalf of the opposite party in the court below.

Affidavit-of-service to be filed on the next date.

Payment and acceptance will be without prejudice to

the rights and contention of the parties and subject to

adjustment with the final decision of the Court.

Let the matter appear on March 4, 2024 under the

heading ‘Mentioned Matter’.

(Shampa Sarkar, J.)

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