SMT. TRIPTI CHAKRABORTY Vs. ANJAN CHAKRABORTY

JUDGEMENT

(1.) This revisional application, at the instance of the respondent wife in the matrimonial suit, is directed against the order dated March 31, 2015 passed by the learned Additional District Judge, 5th Court, Alipore in Misc. Case No. 9 of 2011 arising out of Mat Suit No. 54 of 2011. By the impugned order, the learned Court below disposed of the application filed by the present petitioner under section 24 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") by directing the opposite party husband to pay Rs. 14,000/-, per month to the petitioner for alimony pendente lite and Rs. 10,000/- for support of the minor girl. The learned Court below further directed the opposite party to pay Rs. 15,000/- to the present petitioner for the litigation cost.

(2.) Shorn of details, the facts leading up to the present revisional application are that in the year 1991 the petitioner and the opposite party was married, but since no child was born out of their wedlock, they adopted a girl child. However, due to matrimonial discord having arisen between the parties, the petitioner and the minor daughter are living separately from the opposite party. The opposite party husband filed the matrimonial suit under Section 13(1)(ia) of the Act of 1955 against the petitioner, before the learned Court below, claiming a decree for dissolution of marriage. Before filing of the matrimonial suit, the present petitioner had filed an application under section 125 of the Criminal Procedure Code, 1973. In the said application, the learned Judicial Magistrate, 4th Court at Barrackpore on June 04, 2011 passed an order directing the opposite party to pay Rs. 12,000/-, per month to the present petitioner on account of her maintenance and Rs. 8,000/-, per month for the maintenance of the minor daughter. The opposite party challenged the said order dated June 04, 2011 by filing a criminal revisional application before the learned Additional District and Sessions Judge, Fast Track Court, Barrackpore, North 24-Parganas which was dismissed on July 03, 2012. The opposite party challenged the said order dated July 03, 2012 in criminal revision before this Court and the same was also rejected by a learned Single Judge of this Court on June 03, 2014. In the meantime, on February 21, 2011 the petitioner filed the application in the matrimonial suit, under Section 24 of the Act of 1955, praying for monthly alimony pendente lite of Rs. 40,000/- for herself, monthly interim maintenance of Rs. 10,000/- for her adopted daughter and Rs. 40,000/- towards litigation cost. In the said application, the petitioner alleged that the opposite party is working in a high post in the Central Government Undertaking, his monthly salary is around Rs. 1,00,000/- and that the opposite party has no liability as his mother maintains herself with the wealth left behind by her deceased husband. The opposite party contested the said application. In his affidavit-in-opposition the opposite party stated that he is employed in Central Glass and Ceramic Research Institute under the Council of Scientific and Industrial Research, Government of India and after statutory deduction and other expenses, he is getting monthly salary of Rs. 66,000/-. The opposite party further alleged that he has been paying the life insurance premium of Rs. 11,500/-, per month for the two policies standing in the name of the petitioner and the said amount is deducted from his salary. In the said application the petitioner, as well as the opposite party examined themselves. The opposite party exhibited his pay slip for the month of July, 2014 (Ext.-1) disclosing that he was working as a Senior Principal Scientist of Central Glass and Ceramic Research Institute, Kolkata, his gross monthly salary was Rs. 1,64,210/- and after deduction of income-tax, professional tax, life insurance premium and co-operative charges, he was receiving the net salary of Rs. 76,220/-, per month. By order dated March 31, 2015 the learned Court below disposed of the said application by directing the opposite party to pay Rs. 14,000/-, per month as alimony pendente lite for the petitioner wife and Rs. 10,000/-, per month as interim maintenance for the minor child and an amount of Rs. 15,000/- as litigation cost to the petitioner wife. The learned Court below further directed that the said amount of alimony pendente lite will be adjusted with any amount paid by the opposite party husband to the petitioner wife and the minor daughter towards their maintenance. As mentioned earlier, it is the said order dated March 31, 2015 passed by the learned Court below which is the subject matter of challenge in this revisional application for enhancement of the alimony pendente lite and maintenance for the petitioner and the minor daughter respectively.

(3.) In this revisional application, a learned Single Judge of this Court passed an order referring the disputes between the parties for mediation through a former Judge of this Court. In the mediation proceeding, the petitioner produced the salary certificate of the opposite party for the month of March, 2016 showing his gross salary of Rs. 1,82,534/- and net pay of Rs. 97,699/-. The said mediation proceeding failed and all the records were forwarded to this Court. On May 15, 2017 this Court directed the opposite party to produce his salary certificate for the month of March, 2017. The opposite party produced his salary certificate for the month of March, 2017 which showed his gross salary to be Rs. 1,97,332/- and after the statutory deduction of Income-tax, professional tax and voluntary deduction of provident fund, life insurance premium etc., his net pay is Rs. 1,04,894/-. Of course, when the opposite party went into the box and proved his said salary certificate for the month of March, 2017 he stated that presently he is residing at a rented accommodation at a monthly rental of Rs. 11,000/- but he did not produce any rent receipt.