GAHC010053242017

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Mat.App./70/2017

SMT NANDITA SINHA SRI BISHNU SINHA, D/O SRI NISHI RANJAN SINHA, R/O SARADA MONI LANE, TIKORBASTI, P.S. G.C. COLLEGE, P.S. SILCHAR, DIST. CACHAR, ASSAM.

VERSUS

SRI BISHU SINHA S/O LATE BIRENDRA KUMAR SINHA, R/O LANE NO. 23, VIVEKANANDA ROAD, SILCHAR TOWN, P.O. and P.S. SILCHAR, DIST. CACHAR, ASSAM.

Advocate for the Petitioner : MS.R DEVI Advocate for the Respondent : P CHAKRABORTY

– B E F O R E –

HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON'BLE MR. JUSTICE SOUMITRA SAIKIA

09-02-2023

N.K. Singh, C.J. (Acting)

Heard Mr. PR Sarma, learned counsel for the appellant. Also heard Ms. P. Chakraborty, learned counsel for the respondent.

The appellant wife is seeking enhancement of permanent alimony and monthly maintenance which was awarded by the Principal Judge, Family Court, Cachar, Silchar. The appellant submits on the basis of current pay slip that the respondent is presently serving in the BSF as ASI-RM and he is drawing salary of Rs.91,220/- per month. Therefore, she is claiming Rs.25,000/- as monthly maintenance.

If it is so, we have no hesitation to enhance the amount of monthly maintenance upto Rs.25,000/-. However, this is conditional order. If the respondent is able to show that he is not drawing salary as claimed by the appellant, he will not be liable to pay the enhanced amount and we will again consider as to what would be the appropriate amount.

Copy of the said play slip be placed on record and a copy of the same be also furnished to Ms. P. Chakraborty, learned counsel for the respondent.

List after two weeks.

JUDGE CHIEF JUSTICE (ACTING)

Comparing Assistant