SANJOY BARUA Vs. SARMISTHA BARUA

JUDGEMENT

(1.) CHALLENGE is to the order no.33 dated August 19, 2010 passed by the learned Additional District judge, Second Court, Barasat in Matrimonial Suit No.113 of 2008 thereby allowing an application under Section 36 of the Special Marriage Act granting alimony at the rate of Rs.8,000/- per month for the wife and the minor son, subject adjustment of the amount paid in a proceeding under Section 125 of the Cr.P.C., effective from the date of filing of the application on November 13, 2006.

(2.) THE husband/petitioner herein instituted a suit being Matrimonial Suit No.113 of 2008 before the learned District Judge, North 24 Parganas under Section 27 of the Special Marriage Act.

(3.) THE wife is not coming to raise any dispute with regard to the contention of the husband. THE husband has filed a number of salary certificates starting from the month of September, 2006 onwards showing under net salary from his service as a school teacher around Rs.12,000/- per month, Rs.13,000/- and odd per months, thereafter Rs.14,000/- and odd per month onwards and lastly the salary was increased to the extent of Rs.22,000/- and odd net per month from June, 2009. THEre is no contrary evidence with regard to such contention.