ct. 32 sb
CRR 2314 of 2018
In the matter of : Suprakash Dey
Mr. Niladri Sekhar Ghosh
… For the petitioner.
Supplementary affidavit filed on behalf of the petitioner
is taken on record.
This is an application challenging an order dated 17th
July, 2018, passed by the learned Additional Chief Judicial
Magistrate, Arambagh, Hooghly, in Misc. Case No.13 of 2018,
thereby directing the petitioner/husband to pay Rs.10,000/- per
month to the opposite party wife, as interim maintenance, with
effect from 1st March, 2018.
Learned counsel appearing on behalf of the
petitioner/husband submits as follows. The husband had earlier
filed a suit for nullity of marriage before the learned civil court. The
wife preferred an application for maintenance pendente lite under
section 36 of the Special Marriage Act. By an order date 4th
December, 2018, passed by the learned District Judge, 2nd court,
Arambagh, Hooghly, in Misc. Case No.10 of 2018 arising out of
Mat Suit No.226 of 2017, the learned civil court was pleased to
award a sum of Rs.5000/- as maintenance pendente lite to be paid
from the date of the application. The application for maintenance
filed by the petitioner under section 125 of the Code is still
pending and an interim order was passed directing the husband to
pay Rs.10,000/- as interim maintenance allowance to the wife. By
an enquiry made by the learned civil court it was found that the
petitioner was not having any landed property of his own. The
income that was indicated by the wife was actually the income of
the entire family. In the alternative, at best, the highest of the two
sums i.e., Rs.10,000/- granted by the learned Magistrate and
Rs.5,000/- granted by the learned civil court would be payable per
Let the petitioner serve a copy of this application upon
the opposite party by speed post with acknowledgement due,
within a week. An affidavit of service to that effect shall be filed on
the next date of hearing.
Let this matter appear as a “Contested Application” two
The pendency of this revisional application would not
come in the way of the obligation of the husband to keep on paying
the highest of the two amounts passed by the learned Magistrate
and the learned civil court as maintenance.
Urgent photostat certified copy of this order, if applied
for, is to be given to the parties upon usual undertakings.
(Jay Sengupta, J.)