BARNALI DAS Vs. SANTOSH KUMAR DAS

JUDGEMENT

(1.) THIS application is at the instance of the wife/respondent and is directed against the order no.86 dated August 30, 2010 passed by the learned Additional District Judge, Tenth Court, Alipore in Matrimonial Suit No.79 of 2009 thereby allowing an application for enhancement of alimony in part.

(2.) THE husband/opposite party instituted the said matrimonial suit for divorce and the wife/petitioner herein is contesting the said matrimonial suit. THE wife also filed a maintenance proceeding under Section 125 of the Code of Criminal Procedure being M.R. Case No.451 of 1992 and as per order of the learned Magistrate, the husband/opposite party herein has been paying maintenance at the rate of Rs.1,500/- per month. In 2000, the wife was granted alimony at the rate of Rs.1,000/- per month and litigation cost of Rs.2,000/-. THEreafter, the wife filed an application for enhancement of the maintenance on the ground that the income of her husband had been increased from 6,000/- per month to Rs.20,00/- and odd per month and so she claimed for enhancement of the maintenance. By the impugned order, the learned Additional District Judge granted alimony at the rate of Rs.3,000/- per month but, he did not award any litigation cost further. Being aggrieved, the wife has preferred this application.

(3.) SO far as the litigation cost is concerned, the learned Trial Judge has observed that once she was allowed litigation cost at the initial stage by the order dated November 27, 2000. The learned Trial Judge granted litigation cost of Rs.2,000/- only.