LAWS(CAL)-2021-4-76

UPANITA DAS Vs. ARUNAVA DAS

Decided On April 09, 2021
Upanita Das Appellant
V/S
Arunava Das Respondents

JUDGEMENT

(1.) This revisional application arises out of an order dated August 8, 2019 passed by the learned Additional District Judge, Alipore, in Misc. Case No. 2 of 2016 arising out of Matrimonial Suit No. 44 of 2015. The wife is aggrieved with the quantum of maintenance.

(2.) Misc. Case No. 2 of 2016 is an application under Sec. 24 of the Hindu Marriage Act for maintenance pedente lite. In the application filed by the wife under Sec. 24 of the Hindu Marriage Act, maintenance pendente lite @ Rs.30,000.00 per month and Rs.75,000.00 as litigation cost was prayed for.

(3.) Originally, the application was filed and the affidavit was affirmed by the petitioner, "by occupation service". On detection of such mistake, a correction was inserted on the basis of an amendment application and the petitioner corrected the affidavit as by occupation "unemployed". This amendment was not challenged by the husband, and as such the controversy cannot be reopened now.