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26
06.03.2020

ct. 32 sb

CRR 2314 of 2018

In the matter of : Suprakash Dey
… petitioner.

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,
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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

month.

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

weeks hence.

The pendency of this revisional application would not

come in the way of the obligation of the husband to keep on paying
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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.)