RAHUL PURKAYASTHA Vs. SMT. CHAITALI PURKAYASTHA

JUDGEMENT

(1.) This application is at the instance of the husband and is directed against the Order No. 13 dated March 28, 2011 passed by the learned Additional District Judge, Barrackpore in Matrimonial Suit No. 464 of 2009 thereby disposing of an application under Sec. of the Hindu Marriage Act.

(2.) The short fact is that the husband / petitioner herein instituted a suit for divorce on the ground of desertion and cruelty against the wife / opposite party herein before the learned District Judge, Barasat and the said suit was transferred to the court of the Additional District Judge, Barrackpore and renumbered as Matrimonial Suit No. 464 of 2009. The wife / opposite party herein is contesting the said suit and she filed an application under Sec. of the Hindu Marriage Act which was disposed of by the impugned order granting maintenance at the rate of Rs.5,000/ - per month for the wife / opposite party and her daughter. A sum of Rs.10,000/ - was also granted as litigation cost. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.