MADHU SINGH Vs. JAY SHANKAR SINGH

JUDGEMENT

(1.) Affidavit-of-service filed in Court today is taken on record. The opposite party has been served. Delivery of the postal article is confirmed.

(2.) This revisional application has been filed by the respondent in Matrimonial Suit No. 208 of 2018 pending before the learned Additional District Judge, 2nd Court at Durgapur. The petitioner is aggrieved by the order dated August 31, 2019 by which maintenance pendente lite of Rs.2,000/- per month for the wife and Rs.3,000/- per month for the minor children has been awarded by the learned court below.

(3.) It is contended on behalf of the petitioner that the amount awarded for the two children and the petitioner is excessively low, inasmuch as, the school expenses of the children is itself beyond Rs.5,000/- each. It is further contended that the amount of maintenance has been awarded from the date of the order instead of the date of the application. Mr. Mukherjee contends that the learned court below did not take into account the status of the husband as also the income of the husband, vis -vis, the pleadings in the application under Section 24 of the Hindu Marriage Act. It has been specifically averred in the said application that the husband had 12 bighas of land which was being cultivated and he owned 4.5 cottahs of land as also a Fiat car, a motor cycle and a Scooty. This according to Mr. Mukherjee, was the standard to which the wife was used to and she and her children deserved a living condition akin to the husband as has been disclosed in her application.