Smt. Krishna Sarkar vs Sri Chandan Sarkar
2022 Latest Caselaw 6062 Cal

29.08.2022
 SL No.17
Court No.8
    (gc)
                             FAT 275 of 2017
                              CAN 5 of 2022

                            Smt. Krishna Sarkar
                                    Vs.
                            Sri Chandan Sarkar


                                        Mr. Prantick Ghosh,
                                            ...for the Applicant/Appellant.
                                        Mr. Amitabha Ghosh,
                                                    ...for the Respondent.

Re: CAN 5 of 2022

This is an application for modification of the order

dated 15th June, 2022, where we have directed payment of

monthly maintenance at an enhanced amount from May,

2022.

The learned Counsel for the applicant is correct in

contending that the payment should be given effect to

from 24th April, 2019 when the application for

enhancement was filed. In view of judgment of the

Hon'ble Supreme Court in Rajnesh Vs. Neha reported at

(2021) 2 SCC 324, the applicant is entitled to the

enhanced maintenance from the date of application for

enhancement which in this instant matter is 24th April,

2019.

Accordingly, this application for modification is

allowed.

The enhanced monthly maintenance allowed by us

from Rs.10,000/- per month to Rs.25,000/- per month

shall be with effect from 24th April, 2019. The arrears

amount, if any, to be calculated on the basis of the said

order shall be paid within four weeks from date.

Accordingly, the application being CAN 5 of 2022

stands disposed of.

The time to file paper book by the appellant is

peremptorily extended by four weeks from date. The

direction is peremptory.

The matter shall be listed in Combined Monthly List

of November, 2022.

It is needless to mention that the petitioner shall

comply with all the required formalities and supply all the

required things in terms of our order dated 15th June,

2022 to the respondent for the purpose of claiming

reimbursement.

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