(Guest)

Whether fact that husband has retired can be considered by c

Whether fact that husband has retired can be considered by court while granting interim maintenance?

After hearing rival submissions of both parties in
connection with C.O. 2948 of 2015 and C.O. 2614 of 2015 I am
of the view that while awarding pendente lite alimony, Court
should take into the account the income as it stood on the date of
hearing of the application. Admittedly, the application was
pending for about 10 years before the Court below. When the
application was made at that time the husband was in service
and had been earning a considerable amount but after retirement
his income is reduced to a great extent. It is also on record, that
in the meantime he had purchased a flat measuring about 750
square ft. wherein the wife and their son have been residing. The
son is well educated and earns a fat salary. The wife O.P. had
contended that the husband had landed properties at Fulia,
which yields him about Rs.1,50,000/- per month but that part of
her submission has not been substantiated by any document.
Even the descripttion of landed property was not there. Therefore,it cannot be said that the husband has some earning from the
landed property also.
At the same time, the wife deserves a moderate standard
of living because she is the wife of an Ex-Chief Engineer of
Doordarshan when he had been residing with her husband, her
standard of living was obviously much higher and she was
accustomed with that. Naturally, she deserves that standard of
living. Due to retirement of her husband, she is also supposed to
sacrifice her standard of living to some extent because she has
been provided with a flat which has not been denied.
IN THE HIGH COURT AT CULCUTTA
(CIVIL REVISIONAL JURISDICTION)
C.O. No. 2948 of 2015
With
C.O. No. 2614 of 2015
Sri Gurubar Biswas
-Vs.-
Smt. Krishna Biswas
Present : The Hon’ble Mr. Justice Siddhartha Chattopadhyay

Judgment Delivered On : 10.03.2016.
Citation:AIR 2016 (NOC)513 Cal