ADITYA MALHOTRA Vs. NAMRATA MALHOTRA

JUDGEMENT

(1.) These two applications are directed against the Order No. 53 dated January 15, 2007 passed by the learned Civil Judge (Senior Division), 8th Court, Alipore in T.S. No. 62 of 2005 thereby disposing of an application for interim maintenance.

(2.) Since the two applications have arisen out of the common order, they are disposed of by this common judgment. For convenience, I am taking up the C.O. No. 758 of 2007 first.

(3.) This application has been preferred by the Defendant husband in a suit under the provisions of Section 18 of the Hindu Adoption and Maintenance Act, 1956. The wife/opposite party herein instituted the suit under the provisions of Section 18 of the Hindu Adoption and Maintenance Act claiming maintenance for herself and her twin daughters contending, inter alia, that the marriage between the parties was solemnised according to Hindu rights & rituals in Kolkata. The parties to the marriage resided at Ranchi (Jharkhand). They were blessed with twin daughters on April 17, 2003. Thereafter, the wife/opposite party herein went to her father's house in Kolkata. She preferred to stay at her paternal's house on the pre-text that she was required medical treatment. After several persuasions, the wife/opposite party herein came to her in-law's house in July 2003. Then the opposite party went to her father's house on November 30, 2003. The parents of the opposite party lodged a complaint on December 3, 2003 against all the members of the Petitioner's family before the West Bengal Commission for Women. The Petitioner persuaded her to return to Ranchi in vain. Ultimately, the Petitioner filed an application under Section 9 of the Hindu Marriage Act, 1955 on March 19, 2004.