Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 43437 (CAL)

SATAJYOTI CHAKRABORTY v. KASTURI CHAKRABORTY

CO/3372/2026 · 2026-09-24

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 31 24/09/2026 Ct. No.- 6 Aritra C.O. 3372 of 2026 Satajyoti Chakraborty Vs. Smt. Kasturi Chakraborty Mr. Sounak Mandal ….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 dated August 12, 2026 passed by the learned Additional District Judge, 6th Court at Alipore in Misc. Case No.531 of 2022 arising out of Matrimonial Suit No.2478 of 2019. By the order impugned the learned trial judge directed the petitioner to pay alimony pendente lite at the rate of Rs.18,000/- per month to the wife/opposite party herein and Rs.12,000/- per month to the minor son as alimony pendente lite. Mr. Mandal, learned advocate appearing for the petitioner submits that it is now well-settled that if the husband is paying alimony pendente lite as per direction passed in other proceedings the same has to be adjusted with the alimony that the petitioner is required to pay under the Special Marriage Act. From the salary slip annexed to this civil revision application for the month of December, 2024, this Court finds that the gross salary of the petitioner is Rs.1,75,706/- and though an amount of Rs.76,442/- was 2 show to have been deducted, but the deduction on most of the accounts cannot be said to be statutory deductions. It is not in dispute that the petitioner has been directed to pay a sum of Rs.18,000/- per month to the wife/opposite party pursuant to a direction passed by the learned trial judge in a proceeding under the Protection of Women From Domestic Violence Act, 2005. The learned trial judge took note of the maintenance amount that the petitioner has been directed to pay to the wife under the Protection of Women From Domestic Violence Act, 2005. After taking into consideration the said amount of maintenance fixed as alimony pendente lite in addition to the amount of maintenance has been directed to pay under the Protection of Women From Domestic Violence Act, 2005. Considering the income of the petitioner as it reflects from the pay slip of the petitioner which is annexed to the civil revision application, this Court is of the considered view that the learned Additional District Judge, 6th Court at Alipore was right in directing the petitioner to pay a sum of Rs.18,000/- as alimony pendente lite and Rs.12,000/- to the minor son over and above the maintenance that the petitioner has been directed to pay under the Protection of Women From Domestic Violence Act, 2005. For such reason this Court is not inclined to interfere with the impugned order. At this stage, the learned advocate appearing for the petitioner submits that the hearing of the matrimonial suit 3 be expedited. He submits that the matrimonial suit at the peremtory hearing stage. In view of the order now sought and proposed to be passed there in no necessity to direct any notice upon the opposite party. In the light of the submission made by the learned advocate for the petitioner, CO 3372 of 2026 stands disposed of by requesting the learned Additional District Judge, 6th Court at Alipore to make an endeavour to dispose of the Matrimonial Suit No.2478 of 2019 as expeditiously as possible provided the husband/petitioner is not in default in payment of arrear as well as current alimony pursuant to the impugned order and pursuant to the orders passed by any competent court directing payment of maintenance. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)