JAYANTI BASU Vs. PARTHA BASU

JUDGEMENT

(1.) This revisional application is directed against an order No. 29 dated 25.5.2009 passed by the learned Additional District Judge, Fast Track Court-II, Howrah Misc. Case No. 40 of 2006 by which alimony pendente lite under section 36 of the Special Marriage Act, 1954 is disposed of. Admittedly the parties arc married under the Special Marriage Act, 1954 and lived together as husband and wife. A male child was borne of the said wedlock on 26th July 2001. The opposite party filed matrimonial suit No. 67 of 2006 in the Court of the District Judge, Howrah praying for decree for divorce under section 27 of the Special Marriage Act.

(2.) The petitioner filed an application under section 36 of the said Act claiming an alimony pendente lite which was registered as Misc. Case No. 40 of 2006. It is specifically stated that the opposite party is an employee in a foreign company and draws gross salary of Rs. 1.25 lakhs. The petitioner claimed a sum of Rs. 25,000/- per month for herself and Rs. 15,000/- for the said minor son, in addition to the same, further sum of Rs. 50,000/- towards litigation cost.

(3.) The Trial Court found that the petitioner is a house wife and has no independent source of income. The trial court further held that the income of the opposite party is Rs. 1,10,944/- per month on the basis of a xerox copy of the pay slip for the month of February 2008 and awarded the monthly maintenance @ Rs. 17,000/- for the petitioner and Rs. 8,000/- to the minor son and Rs. 25,000/- as litigation cost. After coming to the aforesaid conclusion the Trial Court directed the opposite party to pay the maintenance from the date of the impugned order.