C.O. 2849 of 2019
Sunil Chandra Saha
Mr. Partha Pratim Roy
Mr. Anirban Das
…For the Petitioner.
This petition under Article 227 of the Constitution of India
challenges the Order being No. 32 dated June 19, 2019 passed by the
learned Additional District Judge, 4th Court at Malda in MAT Suit No. 43
of 2017. By the said order, the petitioner was directed to pay a sum of
Rs.10,000/‐ towards the litigation expenses of the opposite party who
had applied under Section 24 of the Hindu Marriage Act, 1955 and also a
sum of Rs.4,000/‐ per month as maintenance pendente lite as mentioned in
the said order along with the arrears.
Normally, I do not intervene in such matter at the instance of
the husband who has been directed to make payment, but this case is
rather atypical case where there are serious allegations that the opposite
party herein took advantage of the petitioner being posted at Kargil to
illegally marry another person and further while she was employee as an
Aaya, looked after the handicapped son of another man who was a
widower and took up with the said man in a relationship which is best
not named and which continued even after the said handicapped son
died. The petitioner has, therefore, tried to make out a case that apart
from his own health risk for which a substantial amount of money is
spent every month as appears from the records disclosed by him, the
opposite party in this case is not a frail Hindu woman without any
means of support excepting that of her husband and prima facie she is a
person who does not depend upon her lawfully married husband and
his means for her livelihood but takes succour from other available men
at her convenience.
In the view of the matter, there shall be stay of operation of not
only the order impugned but also the proceedings before the learned
Additional District Judge, 4th Court at Malda in Matrimonial Suit No. 43
of 2017 for a period of six months from date.
Mr. Roy, learned Advocate on record shall record a service of
the application on the opposite party and file affidavit of service on the
next date when the matter is taken up by this Court.
Let the matter appear on March 16, 2020.
(Protik Prakash Banerjee, J.)