Court dismissed a review application seeking reduction of alimony pendente lite and litigation costs, noting no merit in revisiting income assessment. It directed enforcement via garnishee proceedings for non-payment.
Review application RVW 166 of 2023 dismissed; interim application CAN 1 of 2023 disposed of; garnishee proceedings directed.
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S/L 15 17.11.2023 Court. No. 29 Suvayan
RVW 166 of 2023 With CAN 1 of 2023 In CO 998 of 2022
Tanmoy Biswas Vs. Mou Biswas alias Mou Mukherjee
Mr. Arun Kumar Halder Ms. Varsha Roy
…for the petitioner/applicant.
Mr. Rwitendra Banerjee Mr. Shibasis Chatterjee
…for the opposite party.
2
paid in regular interval as specifically mentioned in the said order.
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materials as placed before it in order to assess the income of the petitioner/husband as well as his expenditure and at the same time this Court has made an attempt to visualize the requirement of the present opposite party who is the wife of the present petitioner and her minor daughter who is completely dependant upon her mother. In view of such there cannot be any scope to review the order passed by this Court in CO 998 of 2022.
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learned Additional District Judge, 3rd Court, Berhampore, District – Murshidabad to start garnishee proceeding in Miscellaneous Case No. 08 of 2020 arising out of Matrimonial Suit No. 159 of 2019 so that the amount directed by this Court to be paid by the petitioner can be recovered from his employer by deducting his salary excepting the statutory deductions.
(Partha Sarathi Sen, J.)
2 issues framed by the court
Whether the review application seeking reduction of alimony pendente lite on account of petitioner's additional liabilities is maintainable.
Whether the order fixing alimony pendente lite should be revisited considering the petitioner's total income and expenses.
2 provisions across 1 enactments
Tanmoy Biswas
Mou Biswas alias Mou Mukherjee
Partha Sarathi Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
