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2026 DAILYLAW 42631 (CAL)

DR TANMOY DAS v. SUCHETA KUNDU

CO/2165/2025 · 2026-09-17

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 17.09.2026 (A 760) (S. Banerjee) CO 2165 of 2025 Dr. Tanmoy Das Vs. Smt. Sucheta Kundu Mr. Maidul Kayal Islam Ms. Tapati Sarkar …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the husband and is directed against an order being no. 57 dated April 9, 2025 passed by the learned Additional District Judge, 1st Court, Dakshin Dinajpur at Balurghat in Miscellaneous Case No. 3 of 2023. By the order impugned, the learned trial judge directed the petitioner to pay alimony pendente lite at the rate of Rs. 20,000/- per month for the wife/opposite-party and Rs. 10,000/- per month for the child. Learned advocate appearing for the petitioner submits that the alimony pendente lite fixed by the learned trial judge is on a higher side and the same should be reduced to some extent. In support of his contention that the petitioner do not have the income to pay alimony pendente lite at the rate of Rs. 30,000/- per month, he places reliance upon the affidavit of assets and liabilities. 2 After going through the affidavit of assets and liabilities this Court finds that the petitioner has claimed that his income is Rs. 20,000/- per month and excepting the said monthly income all other particulars of the affidavit of assets and liabilities relating to the income of the petitioner and the assets, both moveable and immovable, have been stated to be ‘not applicable’. On a query of the Court the learned advocate appearing for the petitioner submits that he can produce the bank statements and the income tax returns if the Court permits him to do so. However, it appears that the petitioner is maintaining bank accounts which have been suppressed in the affidavit of assets and liabilities. Thus, an adverse inference is to be drawn against the husband/petitioner for non-production of the relevant materials to enable the learned trial judge to decide the quantum of maintenance. After going through the interim order this Court finds that the learned trial judge took note of the fact that the husband/petitioner is a Dental Surgeon by profession and also that owing to compulsion on the part of the husband/petitioner, the wife/opposite- party had to resign from her contractual government job. 3 The learned trial judge applied the correct legal tests while fixing the amount of alimony pendente lite at the rate of Rs. 20,000/- per month for the wife and Rs. 10,000/- per month for the child. This Court is not inclined to interfere with such order under Article 227 of the Constitution of India. Accordingly this civil revisional application stands dismissed without, however, any order as to costs. (Hiranmay Bhattacharyya, J.)