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2009 DIGILAW 399 (CAL)

Manisha Goswami v. Monoranjan Goswami

2009-05-20

BHASKAR BHATTACHARYA, TAPAN KUMAR DUTT

body2009
Judgment :- (1) Pursuant, to our earlier order dated 7th May, 2009, the matter has appeared before us. (2) Both the parties are personally present. (3) This appeal is at the instance of a wife in a suit for divorce decreed on the ground of cruelty. As indicated earlier in our order dated 7th May, 2009, the wife is not willing to proceed with the appeal, and on the last occasion she prayed for alimony of the son till he attains majority. As there was no material before us indicating the respective income of the parties, we directed the parties to affirm an affidavit disclosing the respective income. (4) From the affidavit affirmed by the parties, it appears that the wife has monthly income of Rs.15,000/- approximately and the husband has approximately income of Rs. 60,000/- a month. Although the husband gets additional amount as River Pilot Sailing allowance, since the same is not regular, we have taken the average income of the husband to be Rs. 60,000/- a month. (5) Therefore, the total income of the parents of the boy aged 11 years is Rs.75,000/-a month, in such circumstances, in our view, the child being a student of an English Medium School an amount of Rs.10,000/-should be payable as alimony pendente lite to be borne by both the parents in accordance with their income. Since the husband gets four times the income of the wife, we are of the view that the alimony should be divided between the parties in ratio of 3:1. We, therefore, direct the husband to pay a sum of Rs. 7,500/- a month for the alimony of the son and the balance Rs.2,500/-should be borne by the mother. (6) This amount is, however, payable by the husband on condition that the wife will comply with the direction of this Court dated 3rd September, 2008, by which we permitted the husband to take temporary custody of the boy twice a month on first and third Saturday from 9-30 a.m. till 6-30 p.m. Since the husband is required to collect the child from the wifes house at Dum Dum, we extend the said time till 8-30 p.m. in the night. (7) We find substance in the contention of Mr. (7) We find substance in the contention of Mr. Mukherjee, the learned Advocate appearing on behalf of the husband-respondent that during every school vacation the child should be in the custody of father for half of the vacation and the balance half should be with the mother, it is needless to mention that otherwise during the whole year the child is in the custody of the mother excepting the weekend as mentioned earlier. (8) We, therefore, direct that the aforesaid amount of permanent alimony should he payable by the husband subject to the condition of compliance with the order by this Court as indicated in this order regarding right of temporary custody and stay during vacation. (9) Mr. Bhattacharyya, the learned Advocate appearing on behalf of the wife-appellant submits that the summer vacation of the child will start from 22nd May, 2009, and will continue till 21st June, 2009. He submits that the child should be kept with the mother till 31 st May, 2009. We accept such proposal and direct that the father will get custody of the child from 31st June, 2009, and will return the child to the mother on 18th June, 2009. The father will see that during vacation when the child will be in his custody, the education of the child is property looked after. (10) We direct the respondent to pay the aforesaid sum of Rs.7500/- in every month by Account Payee Cheque in the name of the appellant and the same will be payable on first Saturday of each month when the respondent will go to collect the child in accordance with the earlier order. The appellant should in advance prepare such receipt and should hand over such receipt to the respondent at the time of accepting the cheque. (11) We are told that the husband gets Leave Travel Concession, and by virtue of such provision, he can take the child by Air during the vacation. We permit the father to take avail of such benefit with prior notice to the mother of the child. (12) We, therefore, dismiss the appeal by affirming the decree for divorce and passing the permanent order of alimony for the son in terms of the present order. We permit the father to take avail of such benefit with prior notice to the mother of the child. (12) We, therefore, dismiss the appeal by affirming the decree for divorce and passing the permanent order of alimony for the son in terms of the present order. (13) We, however, make it clear that no amount is payable to the wife as permanent alimony, and this order of permanent alimony, it is needless to mention, is subject to subsequent change of event. (14) In view of dismissal of the appeal itself, we dispose of all the pending applications accordingly. (15) There will be no order as to costs.