Sushanta Dutta Chowdhury v. Nanda Dutta Chowdhury

(06) 12.07.2022 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO No. 2129 of 2021 Sri Sushanta Dutta Chowdhury -versus- Smt. Nanda Dutta Chowdhury Mr. Subhasish Pachhal, Mr. Siraj Gooptu, ... for the petitioner.

Affidavit of service filed on behalf of the petitioner be kept with the record.

None appears on behalf of the opposite parties.

The instant revisional application under Article 227 of the Constitution of India is at the instance of the husband who has filed the connected Matrimonial Suit No. 296 of 2019 seeking dissolution of his marriage with the opposite party by a decree of divorce.

The said suit is pending before the learned Additional District Judge, Fast Track Court I, Malda.

In the said suit the wife filed an application for alimony pendente lite.

The learned Trial Judge by the order impugned being Order No. 17 dated October 05, 2021 has disposed of the said application by directing the husband to pay alimony pendente lite

@ Rs. 10,000/- per month and also to pay a sum of Rs.30,000/- on account of litigation expenses. Mr. Subhasish Pachhal, learned counsel appearing for the petitioner, submits that since his client has already retired from service and is dependent on his pension, it would be difficult for him to pay the said amount as he has to maintain his other dependants including the adult daughter. A sum of Rs. 10,000/- per month is the minimum amount by which the wife can meet her bare necessity of day-to-day life, as such this Court is not inclined to interfere with the order impugned.

CO 2129 of 2021 is dismissed without any order as to costs.

Mr. Pachhal prays for extension of time to pay the arrear amount of alimony pendente lite.

Let the said arrear amount be liquidated by ten equal monthly installments.

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

(Biswajit Basu, J.)