SABYASACHI SENGUPTA Vs. SUBHANKA SENGUPTA (DAS) & ANR

JUDGEMENT

(1.) In this case, the husband / petitioner is challenging the affirmation by the revisional Court of the grant of interim maintenance of Rs. 6000/- per month to the wife/ opposite party directed to be paid from the date of application.

(2.) The learned Advocate appearing on behalf of the petitioner submits that the learned Courts below failed to appreciate that although the petitioner's gross salary increased later on, earlier it used to be much less. Referring to the salary slip for September 2012, he contends that the petitioner was earning about Rs16253.00/- as gross salary per month then. Therefore, it was absolutely unfair to grant Rs. 6000/- per month from the date of application as it becomes much more than ever 1/3rd, the maximum fraction of income that is usually granted as maintenance.

(3.) The learned Advocate for the petitioner further submits that the wife is not at all entitled to any maintenance as she had left the matrimonial home on her own.