SUCHITRA BANERJEE Vs. DEB SHANKAR BANERJEE

JUDGEMENT

(1.) THE interesting part of this case is that the petitioner-wife filed title Matrimonial Suit No. 90 of 2005 for a decree of restitution of conjugal rights which is being contested by the husband before the principal Judge, Family Court, Dhanbad. In the said suit, application was filed by the petitioner claiming maintenance pendente lite alleging inter alia that at least a sum of Rs. 20000/- be paid to her as monthly maintenance. The said application was opposed by the respondent stating that his annual income as per income tax returns is Rs. 1,03,670/ -. The court below after hearing the parties fixed maintenance of only Rs. 2000/-per month. The said order has been challenged in this application.

(2.) ON 22. 9. 2008, the case was heard and Mr. Indrajit Sinha, learned counsel for the respondent, was directed to seek instruction as to how much amount, the husband is ready to pay much less at least a sum of rs. 4000/ -. On Instruction, Mr. Sinha submits that the respondent is agreed to pay a maximum of Rs. 3000/- per month. Learned counsel submitted that since the parties are not willing to live together, it would be proper to refer the matter for conciliation.

(3.) AFTER hearing the learned counsel for the parties and considering the fact that it is the petitioner who has filed a case for restitution of conjugal rights, we hold that at least a sum of Rs. 4000/- per month is to be paid by way of maintenance. This application is, therefore, allowed and the amount of maintenance pendente lite is enhanced to Rs. 4000/ -. However, it is clarified that the monthly maintenance pendente lite @ rs. 4000/- shall be paid from this month. The Principal Judge, Family court, Dhanbad shall, before hearing the matter, make all endeavour for conciliation.