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About vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an elderly mother, old timer who hasn't given up, Male, activist

wife earning 74000 NOT entitled to maintenance though NRI husband earns 75 lakhs p.a. Cal HC Classic !!

wife earning 74000 NOT entitled to maintenance though NRI husband earns 75 lakhs p.a. Cal HC Classic

Brief facts / bloggers notes

  • Husband files for divorce on grounds of cruelty
  • As always wife seeks $$$ moolaaah !!
  • Lower court notes that wife is gainfully employed and is NOT entitled to maintenance
  • however some 30,000 lawyers fee granted (though not stated, please note that lawyer fee is ONE TIME ONLY.
  • Wife goes on appeal to CALCUTTA HC
  • HC rightly observes that interim maintenance / alimony is for temporary reprieve till final orders are passed and a woman earning approx 74 K is NOT entitled to further maintenance
  • Special marriage act case
  • However , IMHO the dictum / logic should apply to other cases also !!

////////////9. The object of Section 36 of the Special Marriage Act, 1954 is to provide a temporary financial support pending any action under Chapter V or VI of the said Act to the wife who has no independent income sufficient to maintain herself. The present income of the wife/petitioner as it appears from her aforementioned salary certificates is not less than Rs. 74,000/- per month which is sufficient for her support particularly when she herself has assessed her requirement at Rs. 50,000/- in the application for alimony pendente lite.

The learned trial Judge in the order impugned has considered the requirement of the wife/petitioner vis-à-vis her income and is absolutely justified in refusing the prayer of the wife/petitioner for alimony pendente lite. The order impugned, therefore, does not call for any interference.////////////

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Calcutta High Court (Appellete Side)

Somdatta Chatterjee Nee … vs Anindya Chatterjee on 11 June, 2019

Form No. J (2)

IN THE HIGH COURT AT CALCUTTA
Civil Revisional Jurisdiction
Appellate Side

Present:

The Hon’ble Justice Biswajit Basu

C.O. No. 1972 Of 2016
(Assigned)

Somdatta Chatterjee nee Raychaudhuri
versus
Anindya Chatterjee

For Petitioner : Mr. Probal Kr. Mukherjee, Sr. Adv.,
Mr. Sukanta Chakraborty,
Mr. Anindya Halder

For Opposite Party : Mr. Kallol Basu,
Mr. Tanoy Chakraborty,
Mr. Chhandak Dutta

Heard on : 11.06.2019.

Judgment On : 11.06.2019.

Biswajit Basu, J.

  1. The revisional application under Article 227 of the Constitution of India is directed against Order No. 17 dated March 18, 2016 passed by the learned Additional District Judge, 11th Court, Alipore, District 24 Parganas (South) in Miscellaneous Case No. 27 of 2015 arising out of Matrimonial Suit No. 31 of 2015.
  2. The husband/opposite party filed the connected matrimonial suit seeking dissolution of his marriage with the wife/petitioner by a decree of divorce, inter alia, on the grounds of cruelty.
  3. The wife in the said suit filed an application under Section 36 of the Special Marriage Act, 1954 praying alimony pendente lite at the rate of Rs. 50,000/- per month. The said application of the wife/petitioner was registered before the learned trial Judge as Misc. Case No. 27 of 2015.
  4. The learned trial Judge by the order impugned has disposed of the said Misc. Case thereby refused to grant any alimony pendente lite to the wife/petitioner on the ground that she has sufficient independent income to support herself. However, the learned trial Judge by the said order has awarded a sum of Rs. 30,000/- to the wife petitioner on account of litigation expenses.
  5. The grievance of the wife/petitioner is that the learned trial Judge while refusing her prayer for alimony has failed to appreciate that the husband is working in all reputed organizations in USA and is earning 1,20,000 USD per annum which in Indian currency is Rs. 75,00,000/- per annum and she is entitled to maintenance proportionate to the said income of the husband as her income is much less than her requirement and entitlement.
  6. The wife/petitioner in the application for alimony pendente lite has disclosed her income from salary at Rs. 48,000/- per month. She in the said application at paragraph 14 stated her requirement with break up. The said paragraph 14 of the application under Section 36 of the Special Marriage Act, 1954 is quoted below: “14. That the petitioner states that to maintain herself as per the status of the respondent the petitioner needs a sum of Rs. 50,000/- per month in following heads : Rs. 10,000/- as household maintenance and other utilities Rs. 4000/- as pocket allowance and Rs. 22,000/- for goods, groceries, clothes and other daily needs and Rs. 14,000/- legal expenses.”
  7. The wife/petitioner, therefore, has assessed her requirement to maintain herself as per the status of the husband/opposite party at Rs. 50,000/- per month. She has admitted that as on the date of filing of the said application her earning was Rs. 48,000/- per month as such her income on the date of filing of the said application for alimony pendente lite was sufficient for her support.
  8. The wife/petitioner on cross-examination has admitted that house rent allowances of Rs. 14,133/- and transport allowances of Rs. 3534/- are being reimbursed by her employer. Therefore, the wife/petitioner by virtue of her employment is receiving money from her employer on some of the heads on which her prayer for alimony pendente lite is founded.
  9. In terms of the direction passed by this Court the wife/petitioner has produced her salary certificate for the months of December 2018, January 2019 and March 2019. On perusal of the said salary certificates it appears that the wife/petitioner on account of her salary in the month of December 2018 and January 2019 had received salary of Rs. 74,624/- and in the month of March 2019 she had received a sum of Rs. 81,219/-.
  10. The object of Section 36 of the Special Marriage Act, 1954 is to provide a temporary financial support pending any action under Chapter V or VI of the said Act to the wife who has no independent income sufficient to maintain herself. The present income of the wife/petitioner as it appears from her aforementioned salary certificates is not less than Rs. 74,000/- per month which is sufficient for her support particularly when she herself has assessed her requirement at Rs. 50,000/- in the application for alimony pendente lite.
  11. The learned trial Judge in the order impugned has considered the requirement of the wife/petitioner vis-à-vis her income and is absolutely justified in refusing the prayer of the wife/petitioner for alimony pendente lite. The order impugned, therefore, does not call for any interference.
  12. C.O. No. 1972 of 2016 is accordingly dismissed. No order as to costs.

Urgent photostat certified copy of this Judgment, if applied for, be given to the parties on usual undertakings.

(Biswajit Basu, J.) SK

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Fella responsible for husband’s suicide 4 years ago, commits suicide because the female found another lover 😮😮😮

Four years ago, the woman’s husband committed suicide when h

bangaloremirror.indiatimes.com/bangalore/crime/25-year-old-man-committed-suicide-at-his-live-in-partners-house-in-bengaluru/articleshowprint/69747037.cms

Delhi Woman Kills Husband With Help of Two Men, All Three Arrested | India News, News, India.com News

Delhi Woman Kills Husband With Help of Two Men, All Three Arrested

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The victim’s mother identified her son’s body, which was recovered by the police in a gunny bag on June 5.
Published: June 9, 2019 5:14 PM IST
By India.com News DeskEmailEdited by Kanimozhi SudhakarEmail
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(Representative Image)
New Delhi: A woman and two other men were arrested for reportedly murdering her husband in Delhi’s Rohini area, stated the police. The body of the victim was recovered by the police in a decomposed manner inside a gunny bag on June 5 from a drain in Aman Vihar area, stated an officer.
The victim, identified as Munna Lal, was a 38-year-old man who was missing since May 5, stated senior police officer Ingit Pratap Singh.
Though Munna Lal’s wife, Komal (name changed) refused that the decomposed body was her husband’s, his mother identified her son’s body, stated the police officer.
Lal’s mother told police that Komal came to her on the morning of May 6 and said he did not return home since last night. Komal asked his mother to accompany her to a police station as she wanted to lodge a missing report. She also told her not to reveal anything about the frequent quarrels between the husband and wife, the police said.
Later, Rajender and his friend, Tarun, were interrogated and they accepted that they, along with Komal, had killed Lal, the police said.
During interrogation, it was revealed that Rajender used to supply polythene scarp to Lal and also used to visit his house for drinks. Later, Rajender developed an intimate relationship with Komal and started visiting her in her husband’s absence, police said.
Lal suspected Komal of infidelity and fights between the two became frequent. He also stopped giving her money, Singh said.
— Read on www.india.com/news/india/delhi-woman-kills-husband-with-help-of-two-men-all-three-arrested-3683859/

40 Per Cent Of Joint Secretaries To Be Non Ias Modi Govt To Radically Recast Steel Frame Of Indian Civil Services

40 Per Cent Of Joint Secretaries To Be Non-IAS: Modi Govt To Radically Recast ‘Steel Frame’ Of Indian Civil Services

by Swarajya Staff
Jun 11 2019, 12:13 pm,

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Prime Minister Narendra Modi and BJP president Amit Shah arrive to attend the Diwali Mangal Milan with journalists at BJP headquarters in New Delhi. (Raj K Raj/Hindustan Times via Getty Images)
In a clear signal that administrative reforms will be a key focus area in his second term, Prime Minister Narendra Modi is likely to expand the policy of lateral entry into Indian Civil Services by increasing the intake of officers at the Joint Secretary from outside the system to at least 40 per cent, The Federal reported.

In the current scheme of things, the joint secretaries posted in various administrative ministries in Delhi are largely drawn from the Indian Administrative Service (IAS).

Despite facing stiff resistance from the entrenched bureaucrats, the Modi government hired nine lateral hires on contract at the level of joint secretary in various departments and ministries.
— Read on swarajyamag.com/insta/40-per-cent-of-joint-secretaries-to-be-non-ias-modi-govt-to-radically-recast-steel-frame-of-indian-civil-services

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