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Sri Partha Sarathi Pal vs Smt. Manjula Paul on 27 April, 2017

1

Sl. AD 01
27-04-2017
S.d. C O 1342 of 2017

Sri Partha Sarathi Pal
. -versus-

Smt. Manjula Paul

Mr. Gopal Mondal
…for the petitioner.

The order impugned does not call for any interference

since the petitioner was originally directed to pay Rs.16,000/- per

month as maintenance pendente lite to the opposite party, which

was modified by an order of March 10, 2016 by this court and

reduced to Rs.12,000/- per month for both the wife and the minor

son.

It does not appear that the circumstances in which the

order dated March 10, 2016 was passed by this court have changed

for the petitioner to have applied before the trial court for paying

any lessor amount.

The trial court had recorded that facts in the order dated

January 3, 2017. The order does not appear to be irrational or

perverse and the same does not call for any interference.

2

Only in the event of the income which the petitioner had at

the time that the order dated March 10, 2016 was passed by this

court being reduced substantially and cogent evidence in proof of

such position is produced before the trial court by the petitioner

herein, will the trial court modify the amount of monthly payment

upon previous notice to the opposite party.

CO 1342 of 2017 is disposed of without any order as to

costs.

Urgent certified website copies of this order, if applied for,

be made available to the parties upon compliance with the requisite

formalities.

(Sanjib Banerjee, J.)

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