ARCHANA DAS Vs. SUBRATA DAS

JUDGEMENT

(1.) THIS application is at the instance of the wife/respondent and is directed against the order no.47 dated July 28, 2009 passed by the learned Additional District Judge, Fifth Fast Track Court, Alipore in Misc. Case No.3 of 2006 arising out of the Matrimonial Suit No.17 of 2006.

(2.) THE opposite instituted a suit being matrimonial suit no.230 of 2005 (subsequently renumbered as Matrimonial Suit No.17 of 2006) before the learned District Judge, Alipore for dissolution of marriage. THE petitioner herein entered appearance in the said suit and she is contesting the said suit by filing a written statement. She also filed an application under Section 24 of the Hindu Marriage Act, 1955 for alimony pendente lite for herself, her son and also litigation costs. That application for alimony was converted into the misc. case no.3 of 2006 and that was disposed of on July 28, 2009 by passing the impugned order granting alimony at the rate of Rs.3,000/- per month for the petitioner, Rs.3,000/- per month for her minor son and the litigation costs of Rs.8,000/-. Being aggrieved by such orders, this application has been preferred.

(3.) DURING argument, it is submitted that the son of the parties is now 10 years of age and he is a student. He is fully dependant on his mother. There is no indication that the husband is paying any maintenance for the child.