BAIDYANATH RAY Vs. SUVRA RAY NEE HAZRA

JUDGEMENT

(1.) CHALLENGE is to the order no.8 dated December 6, 2008 passed by the learned Judge, Fast Track First Court, Barrackpore in Matrimonial Suit No.649 of 2008.

(2.) THE husband/petitioner filed the said suit under Section 13 of the Hindu Marriage Act before the learned District Judge, North 24 Parganas at Barasat. That suit was transferred to the learned Fast Track First Court at Barrackpore for disposal. In that suit, the wife/opposite party appeared and filed an application praying for alimony. That application was allowed directing the husband/petitioner to pay a sum of Rs.2,700/- per month as maintenance of the wife and her son and a litigation cost of Rs.5,000/-. Being aggrieved by the said order of alimony, the husband has come up with this revisional application. Now, the point for consideration is whether the impugned order should be sustained.

(3.) THIS is a pay certificate issued by the employer in favour of the husband. There is no counter evidence on behalf of the wife that the husband has any other income beside this income. It is not shown to the Court what is the amount of income of the husband from his agricultural land. In absence of any evidence contrary to what has been shown at page 77 of the application, I have no other alternative but to accept the net income of the husband as Rs.5,175/- per month. THIS being the position, the payment of alimony to the extent of Rs.2,700/- cannot be supported.