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Calcutta High CourtCO/1339/2020disposed

Sucharita Mondal Parui v. Dipamkar Paui

2020-11-19Hon'Ble Justice Moushumi Bhattacharya2 pages

17 18.12.2020 NB Ct. 39 CO 1339 of 2020 CAN 1 of 2020 Sucharita Mondal (Parui).

Vs.

Dipankar Parui (Through video Conference) Mr. S. B. Lahiri, Mr. Aniruddha Mitra ...for the petitioner.

Affidavit of service filed in Court today be kept on record.

This is an application for reviewing of an order passed on 19th November, 2020 by which the husband/opposite party was directed to enhance the amount of maintenance for the child from Rs.10,000/- (rupees ten thousand only) to Rs.15,000/- (rupees fifteen thousand only).

Learned Counsel appearing for the petitioner in this review application (husband) submits that as on the date of passing the order, the respondent/wife's income was closed to Rs.70,000/- (rupees seventy thousand only) and not Rs.50,000/- (rupees fifty thousand only) as incorrectly stated before the Court. Learned Counsel submits that the petitioner's husband has other financial commitments including an ailing mother whom the petitioner has to support. Since learned Counsel appearing for the respondent/wife disputes the factual position as stated above by relying on a salary slip of November, 2020 showing a subsequent increase in the salary of the respondent/wife and further reiterates that the income statement of the

respondent/wife reinforces the position noted in the order of 19th November, 2020, list this matter on 24th December, 2020. The respondent is directed to file a fresh affidavit putting on record the correct position of the respondent's salary statements within the returnable date. An advance copy of such affidavit should be served on the petitioner/husband. The petitioner will be at liberty to use a reply to the affidavit. It is made clear that the matter will be decided on 24th December, 2020 and no pray for adjournment will be entertained.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Moushumi Bhattacharya, J.)