ANITA SIMON Vs. SIMON RAJAN

JUDGEMENT

(1.) The respondent in the M.C. challenged the order passed ex parte in M.C.No.56/2015 in a revision filed before this Court as R.P(F.C)No. 255/17 and obtained an order setting aside the same in his favour. Thereafter the matter was settled based on the undertaking by the respondent to pay Rs.15,000.00 monthly to the petitioner. The petitioner demanded for enhancement of the sum and as conceded by the respondent the monthly maintenance allowance was enhanced to Rs.20,000.00. Thereafter the respondent stopped paying the monthly maintenance allowance and thereupon the petitioner filed C.M.P.No.37/2020 on 8/7/2020 to enforce payment of Rs.60,000.00 due then as arrears of maintenance allowance from the respondent.

(2.) Respondent filed C.M.P.No.24/2020 on 18/5/2020 for cancellation of the order granting maintenance allowance at an enhanced rate of Rs.20,000.00 projecting his incapacity to earn any income on account of the injuries sustained in an accident occurred on 14/2/2020. According to him, he is 65 years and was maintained by his son who was deserted by him in the year 1994, at his age of 11 years and now working as a lawyer at Bangkok. The respondent had filed a Matrimonial Suit as 3/1998 before the High Court of Calcutta and a judgment was passed on 3/2/1999 dissolving the marriage. Petitioner then filed O.S.No.84/1998 seeking maintenance allowance and return of money, but that was dismissed due to the failure of the petitioner to establish the claims raised under those.

(3.) Petitioner also filed objection in C.M.P.No.24/2020 raising contentions that she has no source of income and is solely depending on the maintenance allowance stands ordered in her favour and paid to her for sustenance. According to her the details of the injuries allegedly sustained by the respondent are not furnished. The respondent is alleged as immensely rich andhad obtained Rs.16,38,805.00 as benefits while returning from Air India as a Senior Pilot. He allegedly is continuing as an Instructor in an Aeronautical Engineering Institution and was earning a total income of Rs.50,00,000.00 from various sources including landed properties. It was further contended that the mental and physical cruelty extended to her by the respondent caused her to leave his company and out of the mental condition she was driven to, she could not pursue with the matrimonial litigation initiated by her husband and those culminated in passing ex parte orders and decrees even for divorce, against her.