Friday, February 6, 2015

4500 pm alimony in 2003 increased to 16000 pm 2013 ! What an inflation Sir ji. lifetime alimony India !!


Many of Americans and Europeans do NOT understand the concept of Lifelong alimony...i.e. the man must keep on paying alimony as long as he is earning and the woman can sit at home and keep claiming money and she will also get enhancements as he works harder to make more !! Here is a classic case..

Only case # is known, the husband wife's name is not known

********** excerpts *********

* While disposing Suit No. 533 of 2003, learned Trial Court passed alimony Rs. 4,500/- per month
* which was from time to time increased to Rs. 8,000/- !!
* Subsequently, wife prayed for Rs. 23,000/- per month !!!

Now this Hon. Kolkatta HC orders
* ... to pay Rs. 16,000/- per month ... with effect from January, 2013 !!
* The difference between the earlier alimony and the enhanced alimony ... in three equal installments starting from 15th February, 2015.

Ordered to meet the ends of justice !!!!! Ordered to meet the ends of justice !!!!!



*****************************disclaimer**********************************
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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr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.wordpress.com . 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)

4228/2012 on 2 February, 2015

Author: Arijit Banerjee

02-02-15

AD C.O. 4228 of 2012

Mr. Amit Prakash Lahiri, Mr. Subhas Chandra Karar.... for the petitioner.

Mr. Mohinoor Rahaman. ... for the opposite party.

The petitioner/wife filed an application under Section 25(2) of the Hindu Marriage Act, 1955 claiming enhancement of alimony granted in her favour by the court. While disposing of Matrimonial Suit No. 533 of 2003, the learned Trial Court had passed an order of alimony to the tune of Rs. 4,500/- per month which was from time to time increased to Rs. 8,000/- In the application for enhancement of alimony initially the petitioner had prayed for a sum of Rs. 16,000/- per month. Subsequently, by way of amendment the petitioner prayed for Rs. 23,000/- per month towards her alimony and maintenance of the son. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The learned Trial Court disposed of the petition enhancing the alimony to Rs. 12,000/- per month. Being aggrieved, the petitioner/wife is before this Court by way of the instant revisional application.

Various facts have sought to be urged on behalf of the petitioner before this Court in support of her case that the income of the opposite party/husband is in excess of Rs. 80,000/- per month and accordingly, the prayer for Rs. 23,000/- per month on account of alimony and maintenance was a reasonable prayer.

Such facts are disputed by the learned counsel appearing on behalf of the opposite party/husband. I am not inclined to go into such disputed facts in the exercise of jurisdiction under Article 227 of the Constitution.

The Court had requested the learned counsel for the opposite party to take instruction as to whether the opposite party is willing to pay of Rs. 16,000/- per month as alimony and maintenance for the wife and the son. Today, it is submitted on behalf of the opposite party that he is willing to pay R. 15,000/- per month. However, I feel that since he is willing to pay Rs. 15,000/- per month, it should not create any undue hardship on him if he is directed to pay Rs. 16,000/- per month. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Accordingly, the opposite party is directed to pay Rs. 16,000/- per month to the petitioner on account of alimony and maintenance for the petitioner and the son of the petitioner. Such payment at enhanced rate shall be made with effect from January, 2013. The difference between the earlier alimony and the enhanced alimony will be paid by the opposite party in three equal installments starting from 15th February, 2015.

Needless to say that the opposite party will go on paying the current alimony at the enhanced rate by the 10th of each succeeding month. The payments to be made by the opposite party will be made by transfer of the amount to the bank account of the petitioner.

This application is, accordingly, disposed of. Urgent certified copy of this order, if applied for, be given to the parties on priority basis.

(Arijit Banerjee, J.)


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