Shibu Prasad Malik v. Kabita Malik

01.03.2022 Item No.29 Court No.18 AJ.

C.O. 2011 of 2019 C.A.N. 1 of 2019 (C.A.N. 6670 of 2019) (application is disposed of) (Through Video Conference) Shibu Prasad Malik -Vs- Smt. Kabita Malik Mr. Ansuman Bera.

... for the petitioner.

Affidavit-of-service filed by the learned advocate for the petitioner be kept with the record. None appears on behalf of the opposite party in spite of service.

Mr. Ansuman Bera, learned advocate appears on behalf of the petitioner and submits that he is unable to make contact with his client despite repeated attempts.

The order under challenge is an order of alimony pendente lite for the wife and minor daughter of the parties.

The learned Trial Judge by the order impugned has directed the husband to pay alimony pendente lite @ Rs. 8,000/- per month with a break-up of Rs.5,000/- per month for the wife and Rs.3,000/- per month for the minor daughter. The said amount is excluding the

amount of maintenance awarded in favour of the wife in a proceeding under Section 125 of the Code of Criminal Procedure.

The husband is an employee of the West Bengal State Electricity Board and his income was found to be Rs.23,000/- per month as on the date of the order impugned i.e. August 28, 2018. This Court does not find any illegality and/or infirmity in the order impugned warranting interference.

C.O. 2011 of 2019 is dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)