Sri Suvadip Barua v. Smt. Jayita Barua

27.09.2024 Item No.16 DL Ct.19 A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 3465 of 2024 Sri Suvadip Barua -Vs- Smt. Jayita Barua Mr. Asis Kumar Das, Mr. Suman Chattopadhyay.

......for the petitioner.

This is an application under Article 227 of the Constitution of India.

The petitioner of the instant application under Article 227 of the Constitution of India is the husband of the opposite party. He has filed the connected Matrimonial Suit No. 92 of 2023 which is pending before the Court of learned Additional District Judge, Fast Track Court-V at Alipore, District : 24-Parganas (South).

In the said suit, the wife has filed an application for alimony pendente lite, the said application was registered as Misc. Case No.273 of 2022.

The learned Trial Judge, by the order impugned dated August 19, 2024 has disposed of the said Misc. Case awarding Rs. 15,000/- (Fifteen Thousand Rupees Only) per month as the alimony pendente lite and a further sum of Rs. 10,000/-(Ten Thousand Rupees only) on account of litigation expenses.

In view of the specific finding of the learned Trial Judge that the husband's monthly income is Rs.75,000/-, the order impugned does not call for any interference.

However, the amount of alimony pendente lite fixed by the order impugned is subject to the adjustment of order of maintenance that may be passed in favour of the wife in any other proceedings. C.O. 3465 of 2024 is dismissed without any order as to costs.

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

(Biswajit Basu, J.)