AJAY ISSAR Vs. KOMAL ISSAR

JUDGEMENT

(1.) This matter is taken out of turn in view of urgent mentioning. This is an application filed by the husband aggrieved by an order dated December 4, 2019 passed in Matrimonial Suit No.31 of 2013 pending before the learned Additional Principal Judge, Family Court, Calcutta. By the order impugned dated December 4, 2019, the learned Court below allowed the application under Section 24 of the Hindu Marriage Act filed by the wife/opposite party and directed the husband to pay Rs.15,000/-? per month from date of filing of the application till the disposal of the suit and litigation costs of rupees 1,00,000/-?. Aggrieved, the husband has preferred this revisional application on the ground that the learned Court below has failed to consider the income of the husband as also the wife while granting the amount of Rs.15,000/-? as maintenance pendente lite.

(2.) According to Mr. Lahiri, learned Senior Advocate appearing on behalf of the husband, there are internet generated copies to show that the wife was a life coach a form of Martial Arts. That the wife had a fancy life style and was a member of Saturday Club and Tolly Club. That the wife was residing at the premises jointly owned by the husband and wife and the EMI was paid by the husband. That the learned Court below ought to have considered the fact that the husband was suffering from Glaucoma and as such his work had considerably reduced which led to a considerable fall in the income. That the wife has an income of her own from a salon/spa and other business and engagements and she did not require any maintenance from the husband.

(3.) From the order impugned, it appears that the wife had produced documents to show that the petitioner had worked as a contractor for Sunsam Propertiers and Shapoorji Pallonji Builders. TDS certificates issued by M/s. Sunsam Properties Pvt. Ltd. in favour of 'Mahogony', that is, the proprietorship business of the husband in Interiors, Design, Project Management and Consultancy, was filed in Court. The documents showing that the husband was the Power of Attorney holder of a Saudia Arabian Construction Company and also engaged in many construction and housing projects and oil and gas projects abroad have been filed. Documents showing transfer of money to the petitioner's son living and studying in the USA was also filed.