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Judgments of Supreme Court of India and High Courts

Sri Shubham N Chatterji vs Mrs. Nilanjan Chatterji on 25 July, 2019

1

40,SL,Ct.21.
25.07.2019

AJ.

C.O. 93 of 2019
with
C.O. 1827 of 2018

Sri Shubham N Chatterji

-Vs-

Mrs. Nilanjan Chatterji

Mr. Anirban Das.

… for the petitioner.

Mr. Dibyajyoti Raha,
Mr. Pritam Mukherjee.

….for the opposite party.

In Re: C.O. 1827 of 2018

Affidavit-of-service filed in Court today be kept with the records.

The revisional application under SectionArticle 227 of the Constitution of India

is at the instance of the husband who has filed a suit seeking dissolution of his

marriage with the opposite party by a decree of divorce and is directed against

Order No. 20 dated December 27, 2017 passed by the learned Principal Judge,

Family Court, Calcutta in Matrimonial Suit No. 113 of 2015 thereby disposing

of an application filed by the wife/opposite party for alimony pendente lite.

The learned Trial Judge in the order impugned has recorded that the

net monthly salary of the husband for the month of October, 2017 was

Rs.99,962/- and taking into consideration such monthly income, the learned

Judge has directed the husband to pay alimony pendente lite @ Rs.20,000/-
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per month and to pay a further sum of Rs.50,000/- on account of litigation

expenses.

The quantum of alimony fixed by the learned Trial Judge in the order

impugned is quite proportionate with the monthly income of the husband. The

order impugned, therefore, does not call for any interference.

The learned advocate appearing on behalf of the wife/opposite party

complains that there is arrear amount of alimony pendente lite to the tune of

Rs. 2,00,000/-. Learned advocate appearing on behalf of the

husband/petitioner undertakes to pay the said arrear amount of alimony

pendente lite to the wife/opposite party within ten days from date.

With the above observation, the revisional application being C.O. 1827

of 2018 is disposed of.

In Re: C.O. 93 of 2019

The revisional application under SectionArticle 227 of the Constitution of India

is directed against an Order No. 24 dated August 3, 2018 passed by the

learned Principal Judge, Family Court, Calcutta in Matrimonial Suit No. 113 of

2015, whereby the learned Trial Judge has stayed the further proceedings of

the matrimonial suit on the ground of non-payment of alimony pendente lite.

The revisional application being C.O. 93 of 2019 is disposed of with a

direction upon the learned Trial Judge to dispose of the connected matrimonial

suit expeditiously preferably within a period of twelve months from the date of
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communication of this order subject to payment of all arrear maintenance

pendente lite and regular maintenance.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied

to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)

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