Smti.Vijaya Raghavi And ANR v. Shri.R.S.Vanmeeka Nathan

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CRR/53/2025 Smt. Vijay Raghavi and Another Vs Shri. R. S. Vanmeeka Nathan Mr. Gopala Binnu Kumar ... for the petitioners November 18, 2025 [AKB] Item No.6 In this case the petitioner has challenged an order of learned Judge, Family Court dated 28.08.2025, in Misc. Case 80 of 2023. By dint of the same, learned Judge Family Court has granted interim maintenance to the petitioner, to the tune of Rs. 8000/- per month and also to the tune of Rs. 4000/- per month to the minor son of the parties.

Mr. Gopala Binnu Kumar, learned advocate appears for the petitioner. He has emphatically submitted that the quantum of interim maintenance so directed by the Family Court is based on no evidence. He has pointed out to the affidavit of assets and income submitted by the respondent/husband, in which, according to the petitioner, husband has not disclosed any monthly income of him whereas admittedly he is an employee under the government. Therefore, according to the petitioner, the quantum granted by the Court as interim maintenance amount to the petitioner and the minor, is meager and disproportionate to the income of the husband, only baseless and may be set aside.

I have perused the records and considered the submissions made on behalf of the petitioner. On perusal of the

affidavit of assets and income submitted by the respondent/husband before the learned Family Court, I find absolute corroboration to what has been submitted on behalf of the petitioner regarding incompleteness of the same due to nondisclosure of the monthly income of the respondent/husband. On the contrary I find that the petitioner's specific case before the Family Court is that the respondent/husband earns a salary of Rs. 90,000/- per month, to which the husband has offered comment in his reply filed by him before the Court. On the perusal of the facts and circumstances as discussed above, the Court finds it not to be necessary to direct for service of the copy of this application upon the respondent as perversity of the impugned order is patent and apparent. In such circumstances and for the reasons as discussed above the order of the Family Court dated 28.08.2025 in Misc. Case No. 80 of 2023 is set aside.

Let the Misc. Case No. 80 of 2023 be remanded back to the learned Family Court, with the direction upon the Court to obtain fresh affidavit of assets, income and expenditure to be filed by the present respondent/husband and decide in a time bound manner upon the application of the petitioner for grant interim relief afresh. In doing so, the learned Family Court shall consider the fresh affidavit of assets, income and expenditure filed by the husband. Let the learned Family Court pass an order within three weeks from the date of communication of copy of this order.

With the directions as above the present criminal revisional application being CRR/53/2025 is allowed and disposed of.

Parties to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (RAI CHATTOPADHYAY, J.)