SUBHASIS GUPTA Vs. SRITAMA KAR

JUDGEMENT

(1.) The petitioner has assailed the order dated 21.08.2012 passed by the learned Judicial Magistrate, 2nd Court, at Alipore in Misc Case No. 35 of 2011 (T.R. 117 of 2011) granting interim maintenance to the tune of Rs. 20,000/- per month to the opposite party/wife. The case of the opposite party/wife is that she was married to the petitioner, who is admittedly a citizen of U.S.A. and is residing therein. The marriage was solemnized initially under the appropriate U.S. laws of New Jersey, U.S.A. on 20th April, 2010. Thereafter, the parties came to India on 18th July, 2010. The marriage was solemnized according to Hindu Rites and Customs on 26th July, 2010 at Tarang, GD- 382, Salt Lake City, Sector III, Kolkata 700106. It has been alleged that during her matrimonial life the opposite party was subjected to ill-treatment by the petitioner/husband and presently she had taken refuge at her parental home in India and that the petitioner/husband has refused and neglected to maintain her in spite of having substantial income. The opposite party/wife has, therefore, prayed for maintenance to the tune of Rs. 2 lakhs per month from the husband. An application for interim maintenance to the tune of Rs. 20,000/- per month was filed before the learned Magistrate.

(2.) The petitioner/husband entered appearance in the proceeding and filed a written objection taking a preliminary issue as to the maintainability of the application on the premise that the marriage had been solemnized in New Jersey, U.S.A. and that a divorce proceeding was pending before the Superior Court of New Jersey Chancery Division, Family Part Sussex Country. It has also been pleaded that the marriage of the parties, one of which is an Indian citizen, was not registered under the Foreign Marriage Act, 1969 and, therefore, no relief can be granted by an Indian Court in view of Section 18(4) of the said Act. The opposite party has also contested such claim in her reply.

(3.) The learned Magistrate after considering materials on record rebutted the plea of non-maintainability and passed an order granting interim maintenance to the tune of Rs. 20,000/- per month to the opposite party/wife.