Smt. Mousumi Sengupta vs Sri Bhaskar Sengupta
2022 Latest Caselaw 6928 Cal

26.9.2022

Ct. no. 652 sb C.O. 3826 of 2019

Smt. Mousumi Sengupta Vs.

Sri Bhaskar Sengupta

Mr. Sukanta Chakraborty Mr. Anindya Halder ...for the petitioner

Mr. Debjit Mukherjee Mr. Arnab Nandi Mr. Anirban Tarafdar ...for the Opposite party

Affidavit of exception filed by the petitioner, be kept

with the record.

Being aggrieved and dissatisfied with the order no.

97 dated 27th August, 2019 passed by the learned

Additional District Judge, First Track Court-7, Alipore in

Misc. case no. 2 of 2015 arising out of Matrimonial suit

no. 2 of 2015, present revisional application has been

preferred.

By the impugned order, learned trial court after

considering the oral and documentary evidence was

pleased to dispose of the application under Section 24 of

the Hindu Marriage Act with a direction upon the

husband/opposite party to pay Rs. 10,000/- to the

petitioner and Rs. 15,000/- to the minor daughter per

month towards maintenance pendente lite. This court by

order dated 7th September, 2021, was pleased to ask the

parties to submit the affidavit of assets and liabilities in

terms of judgment of the Apex court in case of Rajnesh

Vs. Neha and another reported in (2021) 2 SCC 324.

Parties have accordingly submitted the same.

In view of above, this revisional application being

C.O. 3826 of 2019 is hereby disposed by setting aside

the impugned order dated 27th August, 2019 with a

direction upon trial court to consider the matter afresh

in the light of the affidavit of assets and liabilities filed by

the parties and the evidence if any, sought to be adduced

by the parties and to dispose of the application under

Section 24 of The Hindu Marriage Act within a period of

three months from the date of communication of the

order. Till disposal of Section 24 application, by the

Court below the opposite party will pay Rs. 75,000/- (

Rs. 40,000/- to the petitioner and Rs. 35,000/- to the

daughter) per month towards interim maintenance. This

amount will be subject to the payment made by the

petitioner in the proceeding under Section 12 of the

Domestic Violence Act or any other proceeding, if any.

The trial court will dispose of Section 24

application without being influenced by any of the

observations made by this court.

The department is directed to send the affidavit of

assets and liabilities, filed by both the parties, before the

court below.

Accordingly, C.O. 3826 of 2019 is disposed of.

Urgent photostat certified copy of this order, duly

applied for, be given to the parties upon compliance of all

requisite formalities.

(Ajoy Kumar Mukherjee, J.)