Atanu De Alias Banti v. Priyanka De (Ghosh)

08.04.2021 Court No. 19 Item no.21 CP C.O. 517 of 2021 Atanu De @ Banti vs.

Priyanka Dey (Ghosh) Mr. Subir Banerjee Ms. Shreyosi Sengupta .....for the petitioner.

Mr. Devajyoti Barman Ms. Sanjukta Basu Mallick .....for the opposite party.

This revisional application arises out of an order dated January 29, 2021, passed by the learned Additional District Judge, 4th Court, Malda.

The petitioner is aggrieved by the portion of the order in which the learned court below directed payment of maintenance from August 21, 2019 as the date of filing of the application under Section 24 of the Hindu Marriage Act. Records reveal that the date of filing of the application was November 19, 2020. As such, the order impugned is modified to the extent that at page two of the order impugned, the date i.e. August 21, 2019 appearing in two places be corrected as November 19, 2020.

The husband shall be liable to pay maintenance pendente lite from November 19, 2020

and go on paying the same as directed by the learned court below.

It is submitted that the arrears have not been paid as yet.

Under such circumstances, the petitioner will continue to pay current maintenance from the month of April, 2021 by 15th of this month and thereafter within the 7th of every succeeding month as directed by the learned court below.

The arrears on and from November 19, 2020 upto March, 2021 shall be liquidated within a period of three months from date in three equal monthly instalments to be paid along with the monthly maintenance. First of such instalments to be paid along with the monthly maintenance for the month of April, 2021.

The revisional application is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)