G C GHOSHALIASM KARIM GHAZI Vs. SUSHMITA GHOSH

JUDGEMENT

(1.) The respondent/plaintiff had instituted a suit in this Court against the appellant/defendant. The suit was filed under Section 18 of Hindu adoptions and Maintenance Act, 1956 for maintenance and for separate residence. appellant/defendant is the husband of the respondsnt/plaintiff. The respondent Filed the aforesaid suit, inter alia, on the averments that the appellant had abandoned and deserted her in July, 1992 because he developed intimate relations with a lady named Vanita Gupta with whom he subsequently got married to after conversion into Islam religion with the mala fide intention of marrying for the second time. He in fact married her later. It is not necessary to give other details. Purpose would be served by mentioning that after the trial of the suit, the learned Single Judge recorded the following conclusions and findings:

(2.) After discussing the means and living style of the appellant, the learned Single Judge passed a decree in favour of the respondent for maintenance at the rate of Rs. 5,500.00per month and also allowed her Rs. 2,000.00per month towards her separate residence i.e. a total sum of Rs. 7,500.00 per month from the date of institution of the suit. The appellant had been paying a sum of Rs. 2,000 .00as interim maintenance per month to the respondent as per the interim order of the Court which amount appellant was entitled to deduct from the total balance amount to be paid to the respondent. An escalation clause is also provided as per which the maintenance and separate residence would be increased by 12 per cent after every three years from the date of the judgment and decree dated 4/09/1998. It is also ordered that if the amount is not paid within two months, the respondent shall be entitled to interest on mis amount at the rate of 18 per cent per annum after expiry of two months. The amount towards future maintenance and separate residence, as per the judgment and decree, was to be paid on or before 10th of every calendar month.

(3.) This appeal is directed against the aforesaid judgment and decree.