SIPRA BHATTACHARYA Vs. APARESH BHATTACHARYA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, being the wife of the respondent, he filed a Special Leave Petition seeking leave to appeal from the final order dated 18th of September, 2008 passed by the High Court of Calcutta in CO. No. 2052 of 2003. By the impugned order, the aforesaid Civil Revision Case which was filed under Article 227 of the Constitution at the instance of the husband/respondent against an order dated 30th of May, 2003 passed by the learned Additional District and Sessions Judge, Alipore was disposed of by directing the trial Court to dispose of the suit for divorce preferably within a year from the date of supply of a copy of that order. Be it mentioned herein that the order of maintenance passed by the Additional District Judge, Alipore by the order dated 30th of May, 2003, the wife/appellant was granted maintenance pendente lite at Rs. 4000 per month.

(3.) For proper disposal of this appeal, which relates to enhancement of maintenance payable by the husband to the wife/ appellant, the facts which are necessary to be stated are as follows:- The parties were married on "20th of September, 1978. The husband/respondent has filed a petition for divorce on the grounds mentioned in the said petition. According to the wife/appellant, the husband/respondent is a scientist and has been earning a handsome salary of more than Rs. 40,000 per month. Whereas, the appellant, although highly educated, claimed that she, being the housewife with absolutely no source of income, having been left entirely on her own to fend herself, had to file an application under section 24 of the Hindu Marriage Act (in short, "the Act") seeking alimony pendente lite.