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Sunil Chandra Saha vs Sakuntala Saha on 3 February, 2020



S.D., Ct.09.

C.O. 2849 of 2019

Sunil Chandra Saha
Sakuntala 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.)

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