SANTANU MAJUMDER Vs. BAISHAKHI MAJUMDER ALIAS MONDAL

JUDGEMENT

(1.) THIS application is at the instance of the husband and is directed against the Order dated November 30, 2011 passed by the learned Additional District Judge, 9 th Court, Alipore in Matrimonial Suit No.142 of 2010 thereby disposing of an application under Section 26 of the Hindu Marriage Act. In the said matrimonial proceeding, under Section 12(1)(d) of the Hindu Marriage Act with alternative prayer under Section 13(1)(ia) of the Hindu Marriage Act read with Section 14 of the said Act, the wife/opposite party herein filed an application under Section 26 of the Hindu Marriage Act and that application was allowed on contests directing husband to pay a sum of Rs.27,000/- towards delivery charge and Rs.9,000/- as admission charge for the child. The husband has been further directed to pay a sum of Rs.3,500/- towards maintenance of the child per month including education charges. Being aggrieved by such orders, this application has been preferred.

(2.) NOW, the question is whether the impugned order should be sustained. AS per materials-on-record, marriage between the two took place on July 10, 1999 according to the Hindu Customs and Rites and the parties resided together as husband and wife for three months at the matrimonial home. A child was born in the wedlock during the stay of the wife/opposite party herein at her parents' house. The petitioner has claimed the delivery charge and the education charge for the child and also the maintenance charge for the child as stated above.

(3.) IT is the clear statement of the husband that at the time of delivery of the child neither the wife nor the parents of the wife informed him of her admission in the nursing home and subsequently, the delivery of the child. They did not obtain his consent for such admission disregarding his financial status. This being the position, I am of the view that the learned Trial Judge was not justified at all in granting the delivery charge of Rs.27,000/-which was expended by the wife according to her own sweet will and not with the consent of the husband. So, the husband cannot be saddled with the obligation to bear such charges. So, this portion of the order relating to delivery charges should be set aside.