Calcutta High Court (Appellete Side)
Partha Sikdar vs Oindrilla Sikdar on 21 August, 2015
Author: Ishan Chandra Das
Bench: Ishan Chandra Das
IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Present:
The Hon'ble Justice Ishan Chandra Das C.O. 3679 of 2014 Partha Sikdar
-Vs-
Oindrilla Sikdar
For the Petitioner : Mr. Amal Kumar Mukhopadhyay,
Mr. Kajal Mukherjee
For the Opposite party : Mr. Krishnendu Bhattacharyya
Heard on : 21.08.2015
Judgement on: 21.08.2015
Ishan Chandra Das, J. :-
Heard the learned Counsel for the parties.
The order impugned No. 23 dated 22.07.2014 passed by the learned Additional District Judge, 1st Court, Alipore in Misc. Case No. 29 of 2013 arising out of Matrimonial Suit No. 191 of 2013 wherein the learned Court below in a proceeding under Section 24 of the Hindu Marriage Act passed an interim maintenance @ Rs. 12,000/- to be paid to the wife-petitioner per month and litigation cost of Rs. 10,000/- to be paid to her.
In the order impugned, the learned Trial Court held that the husband/petitioner is a school teacher in a Higher Secondary School earned Rs. 30,000/- per month and it is desirable that his wife-opposite party should live decent life but considering the condition of the dependant of the present petitioner like his old mother's medical treatment, her maintenance and other social obligations, the learned Trial Court held that Rs. 12,000/-per month on account of his wife's maintenance would be sufficient. But, on careful consideration of the materials on record and particularly considering the submissions of the learned Advocate appearing for the husband-petitioner as well as the learned Advocate for the wife-opposite party, I feel it proper to reduce the amount from Rs. 12,000/- to Rs. 10,000/- per month towards interim maintenance under Section 24 of the Hindu Marriage Act to be paid by 15th of each succeeding month for which it becomes payable to the wife-opposite party but with effect from the date of her application. The husband-petitioner will go on paying current maintenance along with the arrear allowance within the 7th day of each succeeding month. The amount already paid in terms of direction of the Courts earlier is subject to adjustment with the amount already paid to opposite party.
I make it clear that the husband-petitioner shall pay the arrears of maintenance, after adjustment of the amount, to the wife-opposite party by 6 (six) instalments.
With the above observations and directions, this revisional application is disposed of on contest.
There will be no order as to costs. Urgent certified xerox copoy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of necessary formalities.
(Ishan Chandra Das, J.) skp