Friday, October 10, 2014

35 Thou / month intrm main as bakra is working in foren bank !! Child with HUBBY !! 498a wife can enhance with salary proof !!

* 7 year old male child WITH THE HUSBAND !!
* Husband is providing everything including child's education
* Husband's income is 1.1. Lakhs
* wife has filed 498a !!
* wife HAS GIVEN and undertaking to supreme court that she will withdraw 498a, husband's side says NOT YET withdrawn
* wife wants MORE MONEY !!!!
* The hon Court considers the facts and grants her Rs 35 000 per month as pendente lite
* The wife will also be entitled to apply for enhancement of the quantum upon obtaining sufficient material to support husband's higher income !!!

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 or High court websites. 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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

Kolkata High Court (Appellete Side)
Author: Sanjib Banerjee
September 3, 2014.
SG CO 2673 of 2014
Smt Gunjan Ray
Sri Arindam Ray
Mr Devajyoti Barman ... for the petitioner. ; ;

The wife complains of the trial court having awarded alimony pendente lite at the rate of Rs.20,000/- per month despite the wife's claim that the husband earned in excess of Rs.1.5 lakh per month.

The husband is represented upon notice and it is submitted that the seven-year-old male child is with the husband and the husband has to provide for the child's education. It is also submitted on behalf of the husband that the income of the husband is around Rs.1.10 lakh per month. The husband also says that despite an order of January 9, 2013 passed on a previous petition of the wife that the wife should withdraw the criminal proceedings instituted under Section 498A of the Penal Code in view of the undertaking given to the Supreme Court, the criminal proceedings have still not been withdrawn. The wife is present in court and asserts that the criminal proceedings have been withdrawn. Such statement is recorded. The wife also alleges that the minor child has been taken away by the father and proceedings for custody of the child are pending.

Even if the husband's income is accepted to be Rs.1.10 lakh, the trial court has erred in awarding a paltry sum of Rs.20,000/- per month as alimony pendente lite, particularly since the status of the parties ought to have been taken into consideration while passing the order. The husband is a high-ranking official in a foreign bank. It is common knowledge that a high-ranking official in a foreign bank would earn well in excess of Rs.1.10 lakh per month and would obtain perquisites of considerable worth.

Since the prayer of the wife before the trial court was for alimony pendente lite at the rate of Rs.35,000/- per month, the order impugned is modified by requiring the husband to pay alimony pendente lite at the rate of Rs.35,000/- per month from the date as indicated in the order of the trial court. All arrears on account of alimony pendente lite should be paid by December 31, 2014.

The wife will also be entitled to apply for enhancement of the quantum upon obtaining sufficient material to support the same and by relying on the fact that the present enhancement or modification has been made by taking the husband's income to be Rs.1.10 lakh per month.

CO 2673 of 2014 is disposed of without any order as to costs.

Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.) ; ;


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