Calcutta High Court (Appellete Side)
Nupur Roy vs Prasanta Roy & Anr on 8 May, 2018
1 Sl. May 8,
15. 2018 High Court at Calcutta Revisional Jurisdiction C.O. 825 of 2018 Nupur Roy Versus Prasanta Roy & anr.
Mr. Debajyoti Deb, ...for the petitioner.
The opposite party no. 1/husband filed a suit for divorce against the petitioner/wife. In such suit, the petitioner took out an application for alimony, which was allowed by the impugned order dated January 30, 2018 by granting alimony at the rate of Rs. 10,000/- per month and a lump sum of Rs. 10,000/- as litigation cost.
It is alleged by the petitioner that gross salary of the husband is Rs. 55,128/- per month as per the salary slip produced by the husband himself. However, an exorbitant sum of Rs. 25,000/- has been shown as deduction under the head of "GPF/VPF Sub". It is argued that such deduction may have been mostly voluntary on the part of the husband and, as such, could not be raised to the level of statutory deduction, entitling adjustment from the income of the husband for the purpose of granting alimony.
It is seen from the salary slip, which is annexed as Annexure P-3 to the revisional application, that even if the gross pay of the husband is taken to Rs. 55,128/- and the paltry sum is deducted in lieu of provident fund from the said salary, the alimony granted is on the higher side. As such, since the trial court has exercised its judicial discretion on a consideration of the materials on record and upon adverting to the allegation of both the sides, it would not be prudent for this court sitting in revisional jurisdiction under Article 227 of the Constitution of India to interfere with such order.
Accordingly, the revision petition is dismissed, thereby affirming the order impugned herein.
2There will be no order as to costs.
( Sabyasachi Bhattacharyya, J. ) Dns