Savita Dutt v. Kamal Kumar Dutta

AD -1 Ct No.16 11.12.2025 (SSS) CRC 21 of 2025 in FA 268 of 2025 Savita Dutt Vs.

Kamal Kumar Dutta Mr. Sandip Ghosh, Mr. Debayan Ghosh ....For the petitioner.

1.

The matter has been placed in the list in view of a peculiar predicament. In our order dated December 8, 2025, we had made the rule, bearing CRC 21 of 2025, absolute, thereby directing the contemnor to remain in incarceration for a period of one month from that date, subject to requisite subsistence expenses being paid by the present petitioner as per the extant law.

2.

However, learned counsel for the petitioner thereafter mentioned the matter and submitted that the petitioner/wife is financially indigent and not in a position to even maintain herself properly, since no maintenance is being paid by the respondent/husband, which was the very reason for directing imprisonment of the husband. 3.

Taking into consideration such financial stringency of the appellant, which is obvious,

since the direction of imprisonment of the contemnor was given for the very reason that the contemnor did not pay alimony to the appellant in full, we direct the Calcutta High Court Legal Services Authority to arrange for the subsistence allowance to be paid from its appropriate head of expenses on behalf of the appellant in terms of the order dated December 8, 2025.

4.

The office shall immediately communicate this order to the Calcutta High Court Legal Services Authority, which shall comply with the same on the basis of such communication.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)