A single judge of Calcutta High Court at Jalpaiguri remanded the maintenance case back to Trial Court since husband failed to file Income affidavit.
Although learned counsel for the petitioner is justified in arguing that the proposition laid down in Rajnesh vs. Neha has not been observed at all in the present case, on humanitarian consideration and considering that the marriage between the petitioner and the opposite party is still subsisting, it cannot be gainsaid that the petitioner is entitled to get at least some amount of ad hoc alimony from the petitioner-husband.
Keeping in view the above considerations, CO 138 of 2022 is allowed, thereby setting aside the impugned order and directing the District Judge, Cooch Behar to re-decide the application for alimony filed by the petitioner subject to directing the filing of affidavits in compliance with the proposition laid down in the judgment of the Supreme Court as indicated above and to decide the same afresh within a reasonable period, preferably within six months from the date of communication of this order to the said court. The above order will subsist on condition that the petitioner-husband goes on paying to the opposite party-wife an amount of Rs.4,000/- per month on an ad hoc basis for maintaining the opposite party-wife, apart from the medical expenses incurred by the wife upon the opposite party-wife handing over copies of the necessary documents indicating the costs incurred on her medical expenses account to the petitioner-husband.
Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023
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