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2026 DAILYLAW 33043 (CAL)

JHUMA SARKAR @ JHUMAI SARKAR (NEE DUTTA) v. CHIRANJIB SARKAR

CO/1944/2026 · 2026-08-07

Hiranmay Bhattacharyya

body2026

Judgment text

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A. 340 07.08.2026 Court No.6 BP C.O. 1944 of 2026 Smt. Jhuma Sarkar @ Jhumai Sarkar (Nee Dutta) -versus- Sri Chiranjib Sarkar Mr. Pourush Bandyopadhyay Ms. Arpita Dey Mr. Uday Sharma … for the petitioner Mr. Anjan Ganjan Mr. Akash Dutta ..for the opposite party This application under Article 227 of the Constitution of India is at the instance of the wife and is directed against an order dated January 8, 2026 passed by the learned Additional District Judge, Chandernagore, Hooghly in Misc. Judicial Case No. 28 of 2023. The opposite party filed a Matrimonial Suit being No. 262 of 2022 which is pending before the learned Additional District Judge, Chandernagore, Hooghly. The petitioner filed an application under Section 24 of the Hindu Marriage Act which is registered as Misc. Judicial Case No. 28 of 2023. The learned trial judge, by the order impugned directed the husband/opposite party herein to pay maintenance pendente lite @ Rs. 9,000/- per month to the wife till the disposal of the suit. The opposite party was further directed to pay one time litigation cost of Rs. 10,000/- within the time limit indicated in the said order. 2 The learned advocate appearing for the petitioner submits that the husband has suppressed his rental income from the property and the amount of alimony pendente lite fixed by this Court should be enhanced. He submits that some amount be directed to be paid on account of litigation cost since the petitioner has to defend several proceedings. The learned advocate appearing for the opposite party submits that the learned trial judge after considering the materials on record fixed the amount of alimony pendente lite and this Court should not interfere with the amount of alimony pendente lite. He further submits that the evidence of the husband/opposite party herein in the matrimonial suit has already been completed and it is only the wife’s evidence which is left. He submits that 17th September, 2026 is the next date fixed for the evidence of the wife petition. Heard the learned advocates for the parties and perused the materials placed. The learned trial judge after taking note of the affidavit of assets and liabilities arrived at a finding that the net income of the husband/opposite party herein after deducting the allowable expenses is Rs. 54,000/-. After considering the materials on record this Court finds that the learned trial judge after returning a finding as to the income of the husband was justified in directing the husband to pay alimony pendente lite @ Rs. 9,000/- 3 per month. It is not in dispute that the husband/opposite party herein is paying alimony to the wife/petitioner at the aforesaid rate till date. However, considering the fact that the wife/petitioner herein has to contest various proceedings before various courts of law, this Court is inclined to enhance the litigation cost to some extent. The husband/opposite party herein shall pay a further sum of Rs. 7,500/- to the wife/ petitioner on account of litigation cost on or before 10th September, 2026. With the above observations and directions, C.O. 1944 of 2026 stands disposed of by requesting the learned Additional District Judge, Chandernagore, Hooghly to make an endeavour to dispose of the Matrimonial Suit No. 262 of 2022 as expeditiously as possible but preferably by the end of the month of December, 2026 without granting any unnecessary adjournments to either of the parties. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)