SHRIMATI RANU ROY Vs. PRADIP KUMAR ROY

JUDGEMENT

(1.) This is a revisional application against an order dated August 7, 2001 passed by Mr. R.K. Dutta Chowdhury, learned Additional District Judge, Fifth Court at Barasat, District : 24 Parganas (North) in Matrimonial Suit No. 39 of 2001 whereby the prayer of the wife/defendant for stay of the suit filed by the husband was rejected accepting the view that order passed under Sec. 24 of the Hindu Marriage Act, 1955 could be executed like money decrees as prescribed under Rule 30 of Order 21 of the Code of Civil Procedure. Matrimonial Suit No. 196 of 1996 was instituted by the husband, inter alia, on the ground of cruelty in the Court of the learned District Judge at Barasat, District: 24 Parganas (North) and has since been renumbered as Matrimonial Suit No. 39 of 2001 in the said Court.

(2.) In the said suit the wife filed an application under Sec. 24 of the Hindu Marriage Act, 1955 on November 30, 1994 claiming maintenance pendente lite at the rate of Rs. 3,000/ - (Rupees three thousand) only per month and for a sum of Rs. 5,000/ - (Rupees five thousand) only towards expenses of the proceedings.

(3.) By Order No. 50 dated September 25, 2000 the learned Additional District Judge, First Court at Barasat allowed the said application in part and directed the husband to pay to the wife a sum of Rs. 2,000/ - (Rupees two thousand) as maintenance pendente lite per month with effect from the date of filling of the said application and to pay a further sum of Rs. 3,000/ - (Rupees three thousand) only towards the expenses of the proceedings in lump. The husband was granted liberty of liquidate the arrears at the rate of Rs. 1,000/ - (Rupees one thousand) only per month and he was, further, directed to pay the said instalments along with the current maintenance till the realisation of the entire arrear amount. It was directed that the litigation cost should be paid within three months from the date of the said order.