Supreme Court - Daily Orders
Dipti Aggarwal vs Ashish Chandra on 4 April, 2018
Bench: R.K. Agrawal, Abhay Manohar Sapre
ITEM NO.8 COURT NO.8 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 20714/2017
(Arising out of impugned final judgment and order dated 07-07-2017
in CO No. 537/2016 passed by the High Court at Calcutta)
DIPTI AGGARWAL Petitioner(s)
VERSUS
ASHISH CHANDRA Respondent(s)
(FOR ADMISSION)
Date : 04-04-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE R.K. AGRAWAL
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Rauf Rahim, AOR
Mr. Shivaji,Adv.
For Respondent(s) Mr. P.S.Datta,Sr.Adv.
Ms. Anwesha Saha,Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
UPON hearing the counsel the Court made the following
O R D E R
We have heard the learned counsel appearing on behalf of the petitioner-wife and learned senior counsel appearing on behalf of the respondent-husband.
Pursuant to our direction dated 19th February, 2018, additional documents have been filed by the respondent. From a perusal of the additional documents, it is found Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2018.04.05 that from 1st April, 2016 to 31st March, 2017 the net 17:48:34 IST Reason: taxable income of the respondent was Rs.79,65,050/-. 1 However, in the Income Tax Worksheet from 1st April, 2017 to 31st March, 2018 the amount has increased and it has now come to Rs.92,36,941/-.
The claim of the petitioner was Rs.70,000/- per month towards maintenance and Rs.50,000/- for litigation expenses. The Court below has awarded Rs.50,000/- per month as interim maintenance and Rs.30,000/- towards costs of litigation which, in our considered opinion, is too low, looking at the earnings of the respondent.
We, therefore, increase the interim maintenance payable to the petitioner by the respondent to Rs.70,000/- per month from the date of filing the application under Section 24 of the Hindu Marriage Act, 1955 and also direct the respondent to pay Rs.50,000/- towards costs of litigation to the petitioner within the period of one month.
In view of the above, the special leave petition stands disposed of.
Pending application stands disposed of.
(ANITA MALHOTRA) (CHANDER BALA)
COURT MASTER COURT MASTER
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