Calcutta High Court (Appellete Side)
Partha Pratim Manna vs Joya Bhattacharyya on 22 August, 2022
22.08.2022
SL No.4
Court No.8
(gc)
FA 145 of 2010
CAN 2 of 2011
(Old No: CAN 670 of 2011)
Partha Pratim Manna
Vs.
Joya Bhattacharyya
Mr. Pinaki Ranjan Mitra,
Mr. Ashok Nandy,
...for the Appellant.
Mr. Anit Kr. Rakshit,
...for the Respondent.
Re: CAN 2 of 2011
(Old No: CAN 670 of 2011)
This is an application for enhancement of the
maintenance to the daughter from Rs.9,000/- to
Rs.18,450/- along with payment of all arrears from
January, 2010 till the date of filing the application. The
application was filed in or about third week of January,
2011. The said application is pending. There has not
been much movement in the matter till the matter is listed
before us on 6th June, 2022. Initially, parties were not
represented and subsequently on 4th July, 2022, we
directed both the parties to file an affidavit of disclosure of
assets and liabilities in the form as prescribed in the
judgment of the Hon'ble Supreme Court in Rajnesh Vs.
Neha reported at (2021) 2 SCC 324 within two weeks
from that date. On 8th August, 2022, parties appeared
personally, however, the wife did not file any affidavit and
a prayer for extension of time was made on behalf of the
wife. The time to file affidavit by the wife was extended by
10 days from that date. We directed the wife to mention
in the said affidavit clearly the expenses for the daughter
as the appellant did not pay any maintenance for her.
Mr. Anit Kr. Rakshit, learned Counsel appearing on
behalf of the respondent/wife submits that the wife is not
willing to affirm any affidavit to that effect.
The affidavit filed by the appellant/husband shows
that at present his basic salary is Rs.1,72,200/- and the
gross salary is Rs.2,92,875/-. After statutory deduction,
the take home salary is Rs.1,75,936/-.
Considering the fact that the child is presently in
the high school and for her education and well-being,
there would be requirement of fund. The appellant as a
father is duty-bound to defray such expenses.
Accordingly, we allow the application for
enhancement of maintenance from Rs.9,000/- to
Rs.35,000/- per month with effect from January, 2022.
We have noticed that in the application the respondent
has prayed for enhancement of maintenance from
Rs.9,000/- to Rs.18,450/- for maintenance. However, by
reason of the passage of time and having regard to the
present income of the husband, we feel that it should be
enhanced to Rs.35,000/- per month, which would be
inclusive of Rs.9,000/- as directed by the learned
Additional District Judge, 3rd Court, Hooghly from
January, 2022. We record that all arrears maintenance in
terms of the order passed by the learned Additional
District Judge, 3rd Court, Hooghly has been paid till June,
2022. The arrears maintenance amount as determined by
us shall be paid within two weeks from date. The
maintenance amount for the month of August and
September, 2022 shall be paid by 7th of September, 2022
and by 7th of each succeeding month till the disposal of
the appeal or until further order, whichever, is earlier.
The appellant shall open a joint account with his
daughter in which the aforesaid amount shall be
deposited along with future maintenance amount and the
daughter solely shall be entitled to operate such account.
The entire process shall be completed within two weeks
from date.
Since the wife has refused to file any affidavit
disclosing her assets and liabilities, we draw an adverse
inference to the effect that she does not require any
amount towards her maintenance and she earns more
than what has been stated by the husband in his affidavit
of disclosure of assets and liabilities.
Accordingly, the application being CAN 2 of 2011
(Old No: CAN 670 of 2011) stands disposed of.
However, there shall be no order as to costs.
The appeal shall be listed under the heading "For
Hearing" in the Combined Monthly List of November,
2022.
(Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)
