CO/2233/2026 of KAMAL BANERJEE Vs ITI BANERJEE AND ANR on 24 September 2026

Item-

144. sg

24-09-2026

Ct. 6

CO 2233 of 2026

Kamal Banerjee Versus Iti Banerjee & Anr.

[

Mr. Arindam Kundu Mr. Aniket Nanda

…for the petitioner Mr. Chandra Sekhar Banerjee Mr. Shamit Dutta Ms. Madhumita Saha

…for the respondent

On the prayer of the learned advocate for the petitioner, leave is granted to the learned advocate-on-record of the petitioner to amend the cause title by adding the left out party and to delete the unnecessary party from the cause title of this civil revision application, here and now. This application under Article of the Constitution of India is at the instance of the husband and is directed against orders being No. 215 dated 18th June, 2026 and No. 216 dated 25th June 2026, both passed by the learned Additional District Judge, Fast Track Court 6, Alipore, South 24 Parganas, in Matrimonial Suit No. 87 of 2000. By the impugned order dated 18th June 2026, the Director General Audit, (Coal), Kolkata, was directed to recover the arrears alimony pendente lite in the light of the order being no. 201 dated 31st January 2025 and to hand over the same to the wife opposite party herein. The learned advocate appearing for the petitioner submits that the employer of the petitioner have already deducted a sum of ₹43,000 from the salary of the petitioner for the months of July 2026 and August 2026. He further submits that if the number of installments with regard to the arrears amount is increased, it will be possible for the petitioner to liquidate the arrears amount. Such submission is opposed by the learned advocate for the opposite party. He submits that the petitioner did not pay the alimony pendente lite for a long time, and for such reason, the learned trial judge has directed the employer of the petitioner to recover the arrears amount from the salary of the petitioner. Heard the learned advocates for the parties and perused the materials placed. The copies of the salary slip for the months of July 2026 and August 2026 have been produced by the learned advocate for the petitioner in course of hearing of this civil revision application. Copies of such salary slips are handed over to the learned advocate for the wife opposite party in course of hearing of this civil revision application and the same are taken on record. After going through the salary slips, this court finds that a sum of Rs.43,000/- has been deducted from the salary of the petitioner for the months of July and August 2026. It is not in dispute that a substantial amount is lying in arrears on account of alimony pendente lite. The petitioner is also required to pay the current alimony pendente lite month by month. Since the petitioner did not comply with the orders passed by the learned trial judge directing payment of alimony, comma, the employer of the petitioner was directed to recover the amount on account of arrears as well as current alimony from the salary and pay to the wife opposite party herein. This court finds that the total emolument of the petitioner for the months of July 2026 and August 2026 is Rs.98,860/- and out of the said amount, the government recoveries are to the extent of Rs.4,510/-. In view thereof, this court is of the considered view that the deduction of an amount of Rs.43,000/- from the monthly salary of the petitioner cannot cause prejudice to the petitioner. It is observed that the employer of the petitioner shall make deductions in the manner as made from the salary of the months of July 2026 and August 2026 till the entire arrears are liquidated and after the entire arrears of alimony pendente lite is liquidated, the current alimony shall be also, shall be deducted and paid to the wife opposite party herein. Considering the fact that the petitioner did not pay alimony pendente lite on his own, this court is of the considered view that the learned judge of the trial court was right in directing the employer to recover the arrear alimony pendente lite and pay the same to the wife opposite party. The orders impugned do not suffer from any infirmity, warranting interference under Article 227 of the Constitution of India. In view thereof, this civil revisional application stands dismissed. However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)