SRI MRINMOY SI Vs. PAPIYA SI

JUDGEMENT

(1.) CHALLENGE is to the order no.50 dated September 23, 2010 passed by the learned Additional District Judge, Second Court, Howrah in Misc. Case No.47 of 2007 arising out of the Matrimonial Suit No.300 of 2007.

(2.) THE short fact is that the petitioner instituted a matrimonial suit being Matrimonial Suit No.300 of 2007 against the opposite party under Section 27 of the Special Marriage Act, 1954. THE wife/opposite party herein entered appearance in the said suit and she is contesting the same by filing a written statement. THE wife filed an application praying for alimony pendente lite and litigation costs. That application has been converted into a misc. case being Misc. Case No.47 of 2007. THE parties adduced evidence in support of their respective contentions in the said misc. case and upon consideration of the evidence on record, the learned Trial Judge granted alimony at the rate of Rs.6,000/- per month from the date of filing of the application for alimony and also amount of Rs.10,000/- as litigation costs. Being aggrieved by such orders, the husband/petitioner herein has come up with this application.

(3.) AS regards engagement of the wife in a primary school, this Bench finds that the appointment of the wife in the school is temporary as part time teacher. This is necessary for the wife for her survival. The temporary engagement cannot be considered as a permanent source of income. There is no certainty how long the wife would be able to continue with the said engagement.