SUSHMITA GHOSH Vs. G C GHOSH

JUDGEMENT

(1.) The plaintiff filed a suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956 for maintenance and separate residence. Alongwith the suit, the plaintiff had also filed an application under Order 33 Rules 2 and 3 by which a leave of the Court was sought to sue the defendant as an indigent person. This Court by an order dated 30/1/1995, on consideration of all the relevant facts and circumstances, permitted the plaintiff to sue the defendant as an indigent person because the Court was convinced that she is not in a position to pay the requisite court fees.

(2.) In the plaint, it is mentioned that the plaintiff was married to the defendant according to Hindu Rights and Ceremonies on 10/5/1984 at Calcutta. The marriage between the parties was an arranged marriage. No child was born out of the wedlock.

(3.) It is stated that though the plaintiff is an educated person yet she has remained a house wife and never worked. The defendant is a highly qualified engineer and possesses a decree of Bachelors of Engineering and Masters of Business Administration. It is also mentioned that the defendant is a Managing Director and a partner of the firm Scafform Hi - Tec. The said firm has only one other partner Mr. T.K. Ghosh. The firm is engaged in the business of making scaffolding. It is also mentioned in the plaint that the defendant is also a Director of the company called Hi-Tech Scafform Private Limited which is carrying on the business of scaffolding at H-1502, Chittaranjan Park, New Delhi. The said company is a private limited company consisting of three Directors including the defendant who is one of the promoters of the said company and has a controlling interest in the said company. The said company carried on business of construction.