Sujoy Mallick vs Nupur Mallick Nee Das

Shampa Sarkar, J

The order impugned to this application is an order dated March 6, 2019 passed by the Additional District Judge, 1st Court at Sealdah in Misc. Case No. 02 of 2016, granting maintenance of Rs.5,000/‐ to the opposite party/wife and Rs.5,000/‐ to the minor son of the petitioner.

It is the contention of the petitioner that the petitioner was a medical representative when the Matrimonial Suit was filed but the said Company in which the petitioner was working had shut down and the petitioner was working as an agent/broker of land and houses for his livelihood, as such the petitioner could not maintain his wife and son in view of the fact that he was only earning Rs.2,000/‐ to Rs. 2,500/‐ per month.

The learned judge upon considering the facts came to the conclusion that the wife was compelled to leave the matrimonial house with her son and was residing at the mercy of her parents and that without the financial support of the husband it would be very difficult for her to meet the expenses.

It is also recorded that the husband failed to produce any document in support of his contention that he earned only Rs.2,000/‐ to Rs.2,500/‐ per month.

The Court has found that the petitioner failed to maintain his wife and son from 2015 and, on the other hand had filed a suit seeking divorce. The Court held that once the petitioner is an able‐bodied man he is liable to maintain his wife and son.

Under such circumstances, the order granting maintenance to the tune of Rs.5,000/‐ per month to the wife and Rs.5,000/‐ per month to the minor son from the date of filing the application under Section 36 of the Special Marriage Act was passed by the learned Judge upon consideration of the above factors.

The Court also found that the wife was entitled to litigation costs of Rs.10,000/‐. Admittedly, the petitioner has paid some maintenance, as directed by the Court, but the arrears have not yet been paid. The litigation costs have also not yet been paid. In the meantime, the Matrimonial Suit no.108 of 2015 has been dismissed by a judgement and decree dated August 27, 2019.

The learned Additional District Judge, 1st Court at Sealdah has exercised his jurisdiction while considering the quantum of maintenance payable to the minor son and wife of the petitioner on the basis of the records available. It is also recorded that the petitioner/husband has failed to prove his income. The learned Judge found the amount awarded to be reasonable and the petitioner has failed to demonstrate from the records any illegality or material irregularity in the order.

Under such circumstances, I do not find any illegality in the order impugned. The order dated March 6, 2019 does not call for any interference.

The petitioner is directed to comply with the order upon payment of dues, less the amount already paid, within a period of two months from the date of communication of this order.

The revisional application is dismissed.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.