High CourtsSingle Bench(2020) 03 CAL CK 0071

Rudraprasad Kundu vs Namrata Kundu

Calcutta High Court · Decided on 2 March 2020

HON’BLE JUDGES
Shampa Sarkar, J
CASE NUMBER
Civil Order/Misc.Cas (CO) No. 714 Of 2020

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Judgment

18 paragraphs · 314 words

Shampa Sarkar,J

Shampa Sarkar,J

This revisional application is taken up for hearing out of turn due to urgent mentioning.

The husband in Matrimonial Suit No. 1848 of 2017 pending before the learned Additional District Judge, 3rd Court at Barasat, North 24 Parganas has

preferred this revisional application, being aggrieved by an order dated February 5, 2020. By the order impugned, the learned Court below directed the

petitioner to pay Rs.1,00,000/- per month with effect from the date of the order as maintenance pendente lite and litigation cost of Rs.30,000/-.

It is urged that the wife herself has an income of Rs.2,00,000/- per month. The documents, which had been disclosed by the petitioner before the

learned Court below, were not considered. The husband produced two PAN cards in the name of the wife to show that the wife had suppressed her

own income. From the order impugned, it does not appear that the documents were at all considered. Prima facie, this matter needs to be heard out in

view of the averments made in the revisional application and the points taken therein. Stay of operation of the order impugned till disposal of the

revisional application

The husband will pay litigation cost of Rs.30,000/- to the wife within March 20, 2020. As maintenance pendente lite, an amount of Rs.40,000/-should

be paid as an interim measure within 10th of every month beginning from March, 2020.

Such payment will abide by the final result of this revisional application. In default of payment as directed by this Court, the interim order will stand

vacated, and the suit will remain stayed.

Let this matter appear in the monthly combined list of April, 2020 under the heading “Contested Applicationâ€​.

The petitioner is directed to serve a copy of the revisional application upon the opposite party along with server copy of this order and file affidavit of

service on the next date.