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2026 DAILYLAW 45355 (CAL)

PINKI DAS @ PINKY DAS v. DEBASISH DAS

CO/3300/2026 · 2026-09-30

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.34 30.09.2026 Court No.6 BP C.O. 3300 of 2026 Pinki Das @ Pinky Das -versus- Debasish Das Mr. Abhik Sarkar Ms. Khushi Mollick ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the wife and is directed against an order dated 12th May, 2026 passed by the learned Additional District Judge, 2nd Court at Baruipur in Miscellaneous Case No. 18 of 2025. By the order impugned the learned trial judge disposed of the application under Section 24 of the Hindu Marriage Act by directing the opposite party to pay a sum of Rs, 6,000/- for the wife/petitioner and Rs. 6,000/- for the son on account of maintenance pendente lite and further sum of Rs. 10,000/- towards litigation cost. The learned advocate appearing for the petitioner submits that the petitioner is earning about Rs. 1,70,000/- per month on account of salary and other business income. He further submits that the husband/opposite party herein is earning a substantial amount on account of rental income also. Though the learned advocate appearing for the petitioner claims that the opposite party’s earning a sum of Rs. 1,70,000/- per month, but the petitioner could not 2 prove such allegation in the proceeding under Section 24 of the Hindu Marriage Act. That apart, the learned trial judge noted that the petitioner also suppressed the fact that she is receiving an amount of maintenance pursuant to an order passed under Section 125 of the Criminal Procedure Code. The learned trial judge after noting that both the parties have suppressed material facts fixed a sum of Rs. 12,000/- per month as alimony pendente lite to be paid for the wife and the child and litigation cost. The learned trial judge also applied the correct legal tests with regard to adjustment of the maintenance amount that the husband/opposite party herein is being directed to pay in a proceeding in connection with Section 125 of the Criminal Procedure Code. The impugned order does not suffer from any infirmity warranting interference under Article 227 of the Constitution of India. Accordingly, C.O. 3300 of 2026 stands dismissed. 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.)