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Judgment
11 paragraphs · 361 wordsJay Sengupta, J
This is an application challenging the impugned grant of a paltry sum of Rs. 3,000/- as monthly interim maintenance to the wife by an order dated 10.02.2025 passed by the learned Judicial Magistrate, 3rd Court, Chandannagore in MC 95 of 2024 under Section 125 of the Code.
Supplementary affidavit filed on behalf of the private opposite party is taken on record.
Learned counsel appearing on behalf of the petitioner submits as follows. In spite of coming to a finding that the net salary of the present petitioner was 36,000/- and odd as on a particular date, the learned Magistrate granted a meager sum of Rs. 3,000/- as interim maintenance allowance in favour of the wife/petitioner. This comes to about Rs. 100/- per day, which is grossly insufficient for living a decent life.
Learned counsel appearing on behalf of the private opposite party submits as follows. As per the salary certificate generated on 30.06.2025 the petitioner earns total salary of Rs. 54408.09/- and after deductions his net salary comes Rs. about 42906.44/-. The petitioner is a dance teacher and is earning in such capacity.
The sum granted as interim maintenance in this case is a pittance, especially in this world of rising prices and when juxtaposed with the husband’s salary.
Moreover, maintenance granted should also be commensurate to the supposed lifestyle that the wife would have enjoyed if she had been able to live with her husband.
Considering the rival contentions and the admitted fact that the petitioner as on June, 2025 earned total salary about 54,000/- and odd it shall be fit and proper to increase the interim maintenance allowance to a more reasonable sum. Therefore, let the petitioner pay a sum of Rs. 11,000/- per month as interim maintenance in favour of the wife till conclusion of the proceeding.
Learned trial Court is directed to conclude the proceeding in accordance with law and as expeditiously as possible without granting any unnecessary adjournments to any of the parties.
With these observations and directions, the revisional application is disposed of.
Urgent Photostat certified copy of this judgment be supplied to the parties, if applied for, as early as possible.