KALYAN DEY CHOWDHURY Vs. RITA DEY CHOWDHURY

JUDGEMENT

(1.) The short question involved in the present revisional application is as to whether a second application filed under Section 25 of the Hindu Marriage Act is maintainable in the teeth of a previous order passed under the same provision between the same parties.

(2.) The opposite party-wife filed a proceeding under Section 10 of the Hindu Marriage Act against the petitioner-husband, giving rise to Matrimonial Suit No. 533 of 2003. In the said suit, an ex parte decree, incorporating an order of permanent alimony under Section 25 of the Hindu Marriage Act, was passed. Subsequently, the matter was challenged by the husband before this court. Although at the time of disposal of Matrimonial Suit No. 533 of 2013, the trial Judge had passed an order of alimony to the tune of Rs.4,000/- per month and such amount was increased from time to time to Rs.8,000/- per month, the opposite party-wife applied again under Section 25(2) of the Hindu Marriage Act, 1955 praying for enhancement of alimony. The trial court enhanced alimony to Rs.12,000/- per month, against which the opposite party-wife preferred a revisional application bearing C.O. No. 4228 of 2012 which was disposed of on February 2, 2015 by recording that the husband was willing to pay Rs.15,000/- per month but directing the husband to pay Rs.16,000/- per month to the wife.

(3.) The wife filed a special leave petition against the order of this court which was disposed of on February 22, 2016 by recording that the petitioner sought leave to withdraw the special leave petition with liberty to approach this court in a review petition, which was granted by the Supreme Court.