TAPAS CHATTERJEE Vs. KAKOLI CHATTERJEE

JUDGEMENT

(1.) This application is at the instance of the Petitioner and is directed against the order No. 35 dated July 21, 2008 passed by the learned Judge, Fast Track First Court, Alipore in Misc. Case No. 6 of 2007 arising out of Matrimonial Suit No. 31 of 2007.

(2.) The short fact is that the Petitioner and the opposite party were married under the Special Marriage Act in July, 1988. After marriage, the parties lived together and one son was born in the wedlock. Thereafter, the Petitioner filed an application for divorce against the opposite party. The opposite party entered appearance and she is contesting the said matrimonial suit. She filed an application praying for alimony at the rate of Rs. 20,000/ - per month for herself and for her son living with her and litigation cost of Rs. 30,000/ -. The wife has contended that she has no income of her own while her husband earns more than Rs. 1,00,000/ - per month. By the impugned order, the learned Trial Judge granted alimony at the rate of Rs. 5,000/ - per month only to the wife and litigation costs of Rs. 12,000/ -. Being aggrieved by such orders, the husband has come up with this application.

(3.) Now, the question is whether the impugned order should be sustained.