PRADIP KUMAR SARKAR Vs. MAITRAYEE SINHA

JUDGEMENT

(1.) This application is at the instance of the husband and is directed against the order No. 18 dated 02.06.2008 passed by the learned Additional District Judge, Second Fast Track Court, Siliguri in Misc. Case No. 2 of 2008 arising out of the Matrimonial Suit No. 140 of 2007. By the impugned order, the learned Trial Judge has directed payment of maintenance to both the parties to the suit to the extent that the husband would pay Rs. 4,500/- per month and the wife would pay Rs. 2,500/- per month for maintenance of their child. Being aggrieved, the husband has preferred this application for setting aside the impugned order.

(2.) Admittedly, one matrimonial suit is pending between the husband and wife under Section 13 of the Hindu Marriage Act before the learned Additional District Judge, Second Fast Track Court, Siliguri filed by the wife/plaintiff. In that suit, the husband appeared and filed a written statement. The wife filed an application under Section 26 of the Hindu Marriage Act claiming maintenance at the rate of Rs. 7,000/- per month for the child till disposal of the suit. Both the parties being the service holder, the application was disposed of in the manner as stated above. Thereafter, the husband has preferred this application.

(3.) Mr. Talukdar, learned Advocate appearing on behalf of the husband/petitioner herein submits that the wife is a teacher of a primary school and she earns more than Rs. 8,000/- per month. On several occasion, the husband requested the wife to allow him to meet his son but he was denied by the wife to meet his child and even she misbehaved with the husband. He also submits that the husband is ready and willing to bear the expenses that will be needed for education of his son; provided he is permitted to pay up the dues directly to the educational institution where the son studies. Even the husband has a computer, he can share the computer with his son if the wife permits. For that reason, no claim to have the computer for the child, should be considered. Mr. Talukdar also contends that the wife is a schoolteacher and so she is financially solvent to meet the demand of the son.