Ranen Mondal vs Ct. 8 Smt. Soma Mondal
2022 Latest Caselaw 5653 Cal

                                             FMA 2197 of 2016
Item-
        18-08-2022
 131.
                                              Ranen Mondal
                                                   Versus
          Ct. 8                              Smt. Soma Mondal
 sg



                          None     appears    on   behalf   of   the   parties   nor   any

                     accommodation is prayed for on their behalf. The appellant was

                     also not present on the adjourned date.

                          The appeal is directed against a judgment and order dated 3rd

                     June, 2015 in a Miscellaneous Suit/Case No. 18 of 2014. The

                     respondent filed an application under Section 25 of the Hindu

Marriage Act, praying for permanent alimony to the tune of

Rs.80,000/- per month. The respondent has given an estimate of

the expenses for herself and her minor son that are required

monthly for an honourable living. It appears from the evidence on

record that the average monthly income of the husband including

taxable benefits after deduction of income tax was Rs.1,60,000/-

in the year 2014 and Rs.25,00,000/- during the financial year

2010-11. the income of the appellant ahs increased over a period

of time. It is the obligation and duty of the appellant to ensure a

decent and conformable living for the minor child and his mother

and it is the duty of the Court to ensure that the petitioner,

respondent and the minor child are living with dignity and

conform and not in penury. (See (i) Vinny Parmvir Parmar vs.

Parmvir Parmar, reported in II (2011) DMC 754 (SC), (ii)

Moumita Roychourhury vs. Abjijit Chatterjee, reported in I

(2014) DMC 161 and U. Sree Vs. U. Srinivas, reported in (2013)

2 SCC 114].

On such consideration, we do not find any reason to

interfere with the order passed by the learned Trial Court. The

appeal is, accordingly, dismissed.

(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)