Bholanath Mondal v. Ruma Mondal And ANR

09.10.2023 AN/Ct. No.25 CO 3096 of 2023 Bholanath Mondal versus Smt. Ruma Mondal & ors.

Mr. Arnab Nandi ... for the petitioner The petitioner being the husband has filed this revisional application under Article 227 of the Constitution of India challenging an order being No. 176 dated 21.07.2023 passed by the Court of the learned 10th Additional District Judge at Alipore. By the impugned order, the learned judge enhanced the amount of maintenance pendente lite from Rs. 9000.00 to Rs. 25000.00 per month.

After going through the impugned order, this Court finds that the gross salary of the petitioner is Rs. 86570.00. The learned trial judge while fixing the amount of maintenance pendente lite took into consideration the fact that the daughter is a college student and observed that her educational and miscellaneous expenses cannot be ignored. The learned trial judge rightly observed that the wife and daughter should be provided with alimony befitting the standard of the petitioner/husband. Learned trial judge after taking into consideration the gross salary of the husband and after excluding

therefrom the statutory deductions directed the husband to pay alimony pendente lite at the rate of Rs. 25000.00 per month.

Learned counsel appearing for the petitioner submits that 01.12.2023 is fixed for argument in connection with matrimonial suit.

The order is supported by cogent reasons. In view thereof, this Court is not inclined to interfere with the impugned order. However, taking note of the fact that the matrimonial suit has already been fixed for argument, this Court is of the view that a direction of expeditious disposal of the matrimonial suit should be passed.

In the result, the instant civil revisional application stands disposed of by requesting the learned 10th Additional District Judge at Alipore to dispose of the matrimonial suit no. 1023 of 2014 preferably on or before the end of the January, 2024 without granting any unnecessary adjournments to either of the parties. There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Hiranmay Bhattacharyya, J.)