Indrajit Paul v. Sumana Paul (Dutta)

S/L 56

IN THE HIGH COURT AT CALCUTTA

18.08.2025 CIRCUIT BENCH AT JALPAIGURI Court. No. 3 CIVIL REVISIONAL JURISDICTION Sourav CO 157 of 2025 Sri Indrajit Paul Vs.

Smt. Sumana Paul (Dutta) Mr. Arnab Sengupta (in Virtual Mode) ... for the petitioner.

1. The subject matter of the instant revisional application is the order no. 15 dated 30.04.2025 as passed by the learned Additional District Judge, 3rd Court, Cooch Behar in Misc. (J) Case No. 20 of 2024 arising out of Matrimonial Suit No. 195 of 2023 whereby and whereunder the said trial Court while disposing an application under Section 24 of the Hindu Marriage Act, as filed by the opposite party/wife herein directed the petitioner/husband to pay alimony pendente lite to the tune of Rs. 15,000/- per month to his wife as well as to pay further sum of Rs. 5,000/- to the opposite party/wife herein towards litigation cost.

2. At the time of hearing, learned advocate appearing on behalf of the revisionist/husband at the very outset draws attention of this Court to Page Nos. 42 and 43 of the instant revisional applications, being copies of two pay slips as issued by the employer of the present petitioner/husband who is a government employee. It reveals that the present petitioner is posted in the Higher Education Department in the post of 'Peon' and his gross salary is Rs. 35,024/-, however, his net salary is Rs. 14,864/- after statutory deduction and his contribution in GPF to the tune of Rs. 20,000/-.

3. It is submitted by the revisionist/husband that the quantum of alimony pendente lite as fixed by the learned trial Court is exorbitant and is beyond the capacity of the revisionist/husband.

4. On careful perusal of the entire materials as placed before this Court and after hearing the learned advocate for the revisionist/husband, this Court finds no much infirmity in the impugned order inasmuch as it is settled proposition of law that a married wife has a right to lead life equal to the standard of her husband. It reveals to this Court that the gross salary of the revisionist/husband is Rs. 35,024/- and his statutory deductions are Rs. 160/- only.

5. In view of such, this Court finds no reason at all to interfere with the impugned order since, in considered view of this Court that the amount as fixed by the learned trial Court towards alimony pendente lite in favour of the opposite party/wife herein is very much necessary to lead a decent life as well as for the purpose of her survival.

6. With the aforementioned observations, the instant revisional application being CO 157 of 2025 is dismissed.

7. There shall be, however, no order as to costs.

8. Urgent photostat certified copy of this order, if applied for be given to the parties, upon compliance of necessary formalities.

(Partha Sarathi Sen, J.)