AMAR KANTA SEN VS SOVANA SEN,1960

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INTRODUCTION:

This is one of the landmark cases relating to maintenance of the wife after divorce. It consists of Sovana sen as appellant and Amar kanta sen as respondent. The case was heard before calcutta high court. The judgement was given by justice S.dutta on 18th of december 1959.

FACTS OF THE CASE:

On 10th of june 1959 the marriage between the appellant and respondent was dissolved by the court on the ground of Adultery committed by the wife.After some days Sovana sen files an application  before the court for permanent alimony from husband before the high court of calcutta.she demanded an monthly amount of 350 rs p/m or whichever the high court thinks better for her.she also stated in the application that she came from the respectable family and married to respectable person and always lived a decent life with his husband. After divorce her physical and mental condition  is not good and she has no to support financially.her monthly expenses came to around 315rs per month and she has also under heavy debts amounting to 4000 rs.she also stated that her husband is earning whopping amount of 1700rs per month. Amar kanta sen filed an affidavit in reply to the application. He stated that his monthly salary is around 879rs not 1700. He also stated her wife had committed adultery not only with one person but 2 or more persons.he also denied that her monthly maintenance is 315rs p/m and also that she had debt of 4000rs. he also contended appellant has also been selected as Assistant producer(music) in All india radio,new delhi.after some days the appellant denied the allegations made by her husband and prayed to the court to refuse such contentions made by the respondent.

ISSUES RAISED:

1.WHETHER THE HUSBAND IS LIABLE TO PAY MAINTENANCE TO HER WIFE AFTER SHE IS FOUND GUILTY OF ADULTERY?

JUDGEMENT:

Court referred in this case both English as well as hindu law. It referred to sec 32 of the matrimonial clauses act, 1973 of English law which states that it is the discretionary power of the court to give maintenance to the wife even if she is found to be guilty where she has no means of livelihood or she has no means to earn. Similarly under hindu law, sec 25 of the hindu marriage act says that the maintenance is to be paid to the receiving party until  she remains chaste and single. The wife loses her right to maintenance if she remains unchaste or remarries even if she is granted maintenance by the order of the court. but on the contrary, if she renounces her immoral conduct and remains single throughout her life then the  husband is liable to furnish her with what is called as starving maintenance which means that she should be awarded such an amount that is sufficient for her food and clothing. In this case the court held that the appellant is not entitled to maintenance as soon as she starts earning her means of livelihood. Until she was unemployed she could be given starving maintenance.

CONCLUSION:

This is one of the landmark judgments regarding when the husband is entitled to pay maintenance to her wife.even if the wife is found guilty then also the husband is liable to pay maintenance as long as she has no means of livelihood.

REFERENCES:

1.WWW.INDIAKANOON.ORG

This Article is written  by Anwar khan student of Rizvi law college , and a legal intern in legal vidhiya.

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