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2016 DIGILAW 155 (GAU)

Paresh Das v. Archana Deka

2016-03-01

HRISHIKESH ROY, MANOJIT BHUYAN

body2016
JUDGMENT : Manojit Bhuyan, J. 1. Heard Mr. P. Upadhyay, learned counsel representing the appellant (husband). None appears for the respondent i.e. the wife. 2. The issue for determination lies in a narrow compass. The marriage between Paresh Das (the appellant) and Smt. Archana Deka was dissolved by a decree of divorce by judgment dated 15.02.2008 in Divorce Title Suit No. 5 of 2005 by the Court of the District Judge, Barpeta. By the said judgment and having regard to the income of the appellant, an order was passed to the effect that the appellant should pay an alimony of Rs. 1500/- per month in favour of the wife in addition to the amount earlier awarded in a maintenance case instituted by the respondent herein. Similarly, in respect of the son, an additional amount at Rs. 1250/- per month was directed to be paid in addition to the maintenance earlier granted. In total, the appellant was directed to make payment of Rs. 2,000/- in favour of the respondent and an amount of Rs. 1500/- in favour of the son. 3. It is stated by Mr. P. Upadhyay that the total alimony standing at Rs. 3500/- was subsequently enhanced by order of the concerned Court to Rs. 4250/- per month. The only point canvassed by Mr. P. Upadhyay is that the appellant herein be allowed to deposit the said amount before one particular forum so as to facilitate the payment by the appellant and/or receipt of the same by the respondent. 4. On this short prayer this appeal stands disposed of with a direction to the appellant to deposit the alimony amount of Rs. 4250/- per month before the Court of the S.D.J.M., Bajali. This direction is made in view of the fact that an application for enhancement of the amount of alimony instituted by the respondent is pending disposal before that Court vide M.R. Case No. 37/2010. It is made clear that it will be open for the respondent to make appropriate application before the Court of the SDJM, Bajali praying for a direction to the appellant to make deposit of the alimony amount of Rs. 4250/- per month into her bank account, necessary particulars of which shall be furnished and brought on record in the application that may be filed by the respondent. 4250/- per month into her bank account, necessary particulars of which shall be furnished and brought on record in the application that may be filed by the respondent. As and when such application is made, the learned Court of SDJM, Bajali shall consider and pass necessary order(s) only with regard to the manner of deposit of the amount. This order will not come in the way of any decision of the Court below with regard to the pending application for enhancement of the alimony is concerned. 5. In view of the above, this appeal stands disposed of. Be it mentioned that this order is being passed on the submission made by Mr. Upadhyay that the decree of divorce as well as the maintenance/alimony amount, as quantified by the Court, is not put to question by the appellant.