Case – Amar Kanta Sen v. Sovana Sen, 1960
Fact – On or about the 17th August 1959 this application was made by Sovana Sen inter alia for an order that the ermanent maintenance at a sum of Rs. 350/- or any sum which this Honble Court may think proper be directed to be paid to her by the respondent Mr. Amar Kanta Sen.
This application arises out of a judgment delivered by me on 10-7-1959 whereby the marriage between her and Amar Kanta Sen was dissolved. She stated in her petition that she came of a very respectable family and was married to a respectable person and was throughout accustomed to a decent way of living. She cannot marry nor does she intend to marry in her life over again and wants to lead a very chaste and decent life dedicating herself to the welfare of her son and to her musical pursuit and painting for which she has special aptitude. She further stated that her monthly expenses came to about Rs. 315/- per month for which she has given particulars.
In the affidavit in opposition dated 28-8-1959, it was asserted that he received a net salary of Rs. 879 and 90 np. And the salary was not Rs. 1700/-. It was also pointed out that she had committed adultery not only with Purnendu Roy but also with two other gentlemen according to my findings.
In the affidavit in opposition he further asserted in paragraph 13 thereof on the basis of information received by him from Delhi that Sobhana Sen was selected for appointment and offered an appointment as Assistant Producer Music), All India Radio, New Delhi.
Issue – Whether she is liable to get maintenance?
Contentions and Judgement:
➢ It is clear from the evidence before me that the applicant was appointed an Assistant Producer (Music) of the All India Radio on a salary of Rs. 300/- (consolidated) prior to 7- 9- 1959 and she joined her duties at Delhi on 17-9-1959.
➢ It will be seen that even under the Hindu Law a wife who was found unchaste was only
entitled to a bare or starving allowance.
➢ In my opinion on the authorities referred to she is entitled to a bare subsistence allowance or starving allowance. When she is earning a living and is not in helpless position her right to maintenance, even of the bare subsistence disappears for the allowance is meant to prevent ‘starvation’. In these circumstances she is not at all entitled to any allowance after 17-9-1959 when she joined the service.
➢ The amount of Rs. 315/- which she assessed as her expenses in the petition is much more than a starving allowance. It exceeds the interim maintenance of Rs. 200/-. In my opinion the starving allowance cannot exceed even in the circumstances of the case taking a very liberal view a sum of Rs. 125/- per month. It is this amount of Rs. 125/- which she would have been entitled if she had no income at all.
➢ It appears from the affidavits as well as a circular issued by one Mr. Bhatt, Deputy Director and a letter dated 27-8-1958 by Mr. Uma Shankar, Director of Planning, All India Radio, Delhi that the applicant deliberately persisted in her case that she did not obtain an appointment from the All India Radio, Delhi until the 24th September 1958 with a view to obtain an undue advantage in this application.
