Monday, November 3, 2014

husb payng 2K u/s 125Crpc askd 2pay addl 7K u/s 24HMA. Total 9K considered just as salary 45K. CAL HC

Husband paying 2000 under section 125 CrPC is asked to apy addition 7000 under section 24 of HMA. Husband appeals saying he has an ailing mother etc. However court says 9000 is fair !!

* husband paying Rs.2000/- per month under under Section 125 Crpc
* direction by the trial court on the wife's application under Section 24 of the Hindu Marriage Act, 1955 to pay Rs.7000/- as alimony pendente lite
* Husband opposes saying he has ailing mother and the 2 K to be included in the 7 K
* Court says 9K (total of 2 + 7 ) is just !!

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Kolkata High Court (Appellete Side)

Sri Kaushik Das vs Smt. Soumita Das ( Ghosh ) on 30 October, 2014

Author: Sanjib Banerjee


C O 3203 of 2014

Mr. Manik Lal Poddar                               ...for the petitioner.
Mr. Narayan Chandra Ghosh                  ....for the respondent. ; ;

The petitioner claims that since the husband is being paid Rs.2000/- per month under orders passed in proceedings under Section 125 of the Criminal Procedure Code, the direction by the trial court on the wife's application under Section 24 of the Hindu Marriage Act, 1955 to pay Rs.7000/- as alimony pendente lite should include the amount of Rs.2000/- already being paid.

It is evident from the order impugned dated September 1, 2014 that the trial court was alive to the fact that a sum of Rs.2000/- was being paid by the petitioner pursuant to the orders passed in the criminal proceedings. After noticing such fact, a sum of Rs.7000/- has been directed to be paid. The petitioning respondent has made over the salary slip for the month of March, 2014 from which it appears that he has a monthly income of Rs.45,000/- after deducing the amount on account of income tax and professional tax. In the circumstances, a monthly payment of Rs.9000/- to the wife cannot be regarded as exorbitant even if the petitioner's case of his ailing mother is also to be believed. ; ;

CO No. 3203 of 2014 is disposed of with the observation that the petitioner will pay his wife Rs.7000/- per month as alimony pendente lite in addition to the sum of Rs.2000/- being paid in the criminal proceedings.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Sanjib Banerjee, J.)


PDF version blogged here

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