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Calcutta High CourtCO/2314/2021disposed

Arjun Patel v. Rina Devi

2022-02-23Hon'Ble Justice Kesang Doma Bhutia2 pages

23.02.2022 SL No. 136 Court No. 21 sk C.O. 2314 of 2021 (CAN 1 of 2021) Arjun Patel Vs Rina Devi (Via Video Conference) Mr. Dinabandhu Chowdhury Mr. Amal Kumar Saha ...for the petitioner.

Mr.

Dinabandhu Chowdhury, learned advocate appears for the petitioner.

The petitioner files affidavit of service along with two undelivered envelopes with an endorsement showing that the addressee is "not known" and the other with an endorsement "refused".

Refusal is considered to be a good service.

None appears from the side of the opposite party. The revisional application is taken up for hearing. The husband/petitioner being aggrieved by order dated 29.1.2018 passed by the learned Additional District Judge, 16th Court at Alipore in Misc. Case No. 28 of 2012 whereby the husband has been directed to pay Rs. 7,500/- per month towards the maintenance/alimony of his minor child, and directed to pay one time litigation cost of Rs. 5,000/- to his wife has preferred this application. It has come on record that both the parents of the child are employees of Indian Railway. This Court is of view the father cannot shirk his responsibility to maintain

his minor child as because the mother is a working woman and have sufficient means.

It has come on record the child is a school going child and during the absence of the mother from home during office hour the child is being looked after by an Aya. Therefore, this court finds amount of Rs. 7,500/- as awarded by the learned Court below towards the monthly maintenance of such child appears to be reasonable. This court does not find any reason to interfere with the impugned order.

Accordingly, C.O. 2314 of 2021 is disposed of. The interim order, if any, stands vacated.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this court. (Kesang Doma Bhutia, J.)