Manidipa Dey vs Anupam Dey

The wife appeals to the Court, aggrieved by this decree. Together with the appeal, there is an application (CAN 5060 of 2017) for interim

maintenance under section 24 of the Hindu Marriage Act, 1955. We find that the Court below had awarded Rs. 8000/- (Rupees eight thousand) per

month in favour of the wife as maintenance. We also have ascertained that this Court exercising jurisdiction under Section 125 of the Criminal

Procedure Code had awarded Rs. 5000/- (five thousand) per month to the wife as maintenance.

This order was passed on 1st March, 2013. No part of this amount was initially paid by the husband. Recently he has deposited Rs. 20, 000/- (Rupees

Twenty thousand) in the account of the wife on account of payment under Section 125 of the Criminal Procedure Code. Learned Counsel for the

husband says that another Rs. 46 thousand (Rupees Forty Six thousand) was paid contemporaneously to square up the arrears of maintenance under

Section 24 of the Hindu Marriage Act, 1955.

Furthermore, two children, one male and another female born through the marriage are now major and are in the custody of the husband. Considering

all these factors we order as follows:

a) The husband will pay to the wife Rs. 9000/- (Nine thousand) per month as interim maintenance under Section 24 of the Hindu Marriage Act, 1955,

in supersession of the order in this behalf passed by this Court below, by the seventh of each month, commencing from today. The maintenance

amount for May 2018 will be paid by 7th June, 2018.

b) He will also pay Rs. 5000/- (five thousand) per month in obedience to the said order passed by this Court under Section 125 of the Criminal

Procedure Code. Both these payments are to be paid by the 7th of the month, commencing from today and first payable by 7th June, 2018.

c) The arrear of maintenance under Section 125 of the Criminal Procedure Code should be computed and paid by the husband in 12(twelve) equal

monthly installments commencing from June 2018.

d) All payment due under the orders of the subordinate Courts, till date has to be paid by the husband by 18th May, 2018.

e) The amount of maintenance paid under Section 125 of the Criminal Procedure Code will be subject to any adjustment made by the Court at the

time of final disposal of the Section 125 application.

f) All payments are to be made by electronic clearing system from the husband’s bank account to the wife’s bank account. The application

(CAN 5060 of 2017) is hereby disposed of. Re : FAT 528 of 2015 In the facts and circumstances, we are of the view that the appeal should be

expedited. Call for the lower Court records to be transmitted to this Court by a Special Messenger at the cost of the appellant by 2nd June, 2018.

The requisites are to be put in by the appellant within 7 days from date of communication of this order. Service of the notice of appeal is dispensed

with. All other formalities regarding preparation of paper book are dispensed with. Let informal paper books be filed by the Advocate on record for

the appellant by 16th July, 2018 serving atleast one copy thereof on the Advocate on record of the respondent. Liberty to mention for early hearing of

the appeal.