IRA BANERJEE Vs. SHIBNATH BANERJEE

JUDGEMENT

(1.) Challenge is to the order dated August 17, 2010 passed by the learned Additional District Judge, 5th Court, Barasat in Mat. Execution Case No. 1 of 2010 thereby rejecting the prayer for interim attachment on an application under Order 21 Rules 54 and 66 of the Code of Civil Procedure

(2.) The husband/opposite party herein instituted the suit being Matrimonial Suit No. 930 of 2000 against the Petitioner for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The wife /Petitioner herein is contesting the said suit. She filed an application under Section 24 of the Hindu Marriage Act and that application was allowed, granting alimony pendente lite at the rate of Rs. 3,000/- per month. The learned Trial Judge has also granted a litigation cost of Rs. 3,000/-. Ultimately, the husband filed an application for dismissal of the said matrimonial suit for non-prosecution and that application was allowed. The wife filed an application for execution of the order of alimony for the period during which the suit was pending and that application has been converted into Money Execution Case No. 1 of 2010. She filed an application for interim attachment and that prayer was rejected. Being aggrieved, this application has been preferred.

(3.) Now, the point for consideration is whether the impugned order should be sustained.