Saturday, July 12, 2014

Hubby 2 CONTINUE pay almny pend. lite EVEN AFTER main matri suit disposed off & enhancement ordered ! : Kol HC



* Trial Court passed interim order of alimony in 2002
* Matrimonial suit disposed of on 31st January, 2013.
* Since February, 2013, husband NOT paying alimony to wife
* Wife unable to show any documentary proof of husband's income !!
* Still HC enhances the Alimony to 2500 p.m. and also orders arrears !!
* HC also orders Legal expenses of rs. 5000/-

* I can't understand WHY HUSBAND should keep paying alimony pendente lite EVEN after main suit is disposed off ?? and why enhancement ?? and why legal fee ??

* life long servitude ??


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Kolkata High Court (Appellete Side)
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6831/2013 on 11 June, 2014

Author: Tapan Kumar Dutt

11-06-14

AD F.A. 117 of 2013 With CAN 6831 of 2013

Mr. Balaram Neogi. ... for the Petitioner/Applicant.
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Re : CAN 6831 of 2013

This is the wife/petitioner's application for alimony pendente lite and litigation costs.

The learned Advocate for the petitioner files an affidavit of service.

No one appears on behalf of the opposite party to oppose the application.

The petitioner has stated in her application that the learned Trial Court had passed an order of alimony pendente lite at the rate of Rs. 1500/- per month. The petitioner has also stated that since February, 2013, the opposite party has not been paying such alimony to the petitioner. It appears that the matrimonial suit concerned was disposed of on 31st January, 2013. The petitioner, however, could not produce any document on record to prove the actual income of the husband/opposite party. However, the learned Advocate for the petitioner submits that the learned Trial Court had passed the interim order of alimony in the year 2002. In such circumstances, we feel that the interim alimony should be increased to some extent as a number of years have passed in the meantime. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Accordingly, the application is disposed of by directing that the husband/opposite party shall pay a sum of Rs. 2500/- per month as alimony pendente lite to the wife/petitioner with effect from July 2013 as it appears that the application for alimony pendente lite was filed in July, 2013. The arrear amount of Rs. 27,500/- in respect of the period from July 2013 to May, 2014 shall be paid by the husband/opposite party to the wife/petitioner in 10 monthly equal instalments. The first of such instalments shall be paid by the husband/opposite party to the wife/petitioner by the end of June, 2014 and thereafter the husband/opposite party shall go on making payment of the monthly instalments to the wife/petitioner month by month till the entire arrear is liquidated. With regard to the current alimony pendente lite, the husband/opposite party shall pay to the wife/petitioner monthly maintenance of Rs. 2500/- per month and such payment shall be made by the husband/opposite party to the wife/petitioner by end of the month for which it becomes due. The first of such current payment shall be made by the husband/opposite party to the wife/petitioner by the end of June, 2014 for the month of June, 2014 and thereafter, the husband/opposite party will go on making the monthly payments to the wife/petitioner till the disposal of the appeal or until further orders, whichever is earlier. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The husband/opposite party shall make all such payments to the wife/petitioner by money order without deducting any money order commission by sending such alimony amount by money order to the wife/petitioner at the postal address of the wife/petitioner given in the cause-title of the application.

The husband/opposite party shall go on making such payments to the wife/petitioner till the disposal of the appeal or until further orders, whichever is earlier. The husband/opposite party shall also make payment of litigation cost of Rs. 5000/- to the wife/petitioner by the end of July, 2014 by sending the same by money order without deducting any money order commission to the wife/petitioner at the postal address of the wife/petitioner given in the cause-title of the application. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The application is, thus, disposed of.

(Tapan Kumar Dutt, J.)

(Dr. Mrinal Kanti Chaudhuri, J.)



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