RITA DUTTA Vs. SUBHENDU DUTTA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order passed by the High Court of Calcutta in C. O. No. 2451 of 2003 whereby the High Court has modified the order passed by the trial Court granting maintenance allowance pendente lite. The High Court by the impugned order has held that appellant No.1 i.e. wife of the respondent-husband would not be entitled to any maintenance pendente lite as well as the litigation cost and amount of maintenance allowed to his son Saurav Dutta has been reduced from Rs.5,000/- to Rs.1,500/- per month. The maintenance allowance of the second son Gaurav Dutta has been maintained.

(3.) Appellant No.1 and respondent were married according to Hindu customary rites and ceremonies in Calcutta on 26-2-1982. Out of the wedlock two sons namely, Saurav Dutta and Gaurav Dutta were born. Saurav Dutta is a student of West Bengal National University of Juridical Sciences, Kolkata and has taken a study loan of Rs.2,43,000/- to pursue the studies whereas the younger son Gaurav Dutta is currently a student of the 1st year, Zoology (Hons.), Zakir Hussein College, Delhi. Appellant No.1 was working as a Stenographer in the Indian Tourism Development Corporation, a Central Government Undertaking, since 15-7-1979 and was posted at Hotel Airport Ashok, Calcutta. She left her service on 1-7-1992 under the Voluntary Retirement Scheme to devote all her time and energy for the upbringing of her sons and to look after her husband.