SUDIP SAIN Vs. SASADA SAIN

JUDGEMENT

(1.) This revisional application is directed against order no. 18 dated 16th November, 2011 passed by the learned Additional District Judge, (Redesignated) Court, Bankura. By the said order, an application under Section 24 of the Hindu Marriage Act filed by the wife/opposite party has been disposed of granting alimony pendente lite at Rs. 5000/- per month together with Rs. 10,000/- on account of litigation cost.

(2.) It is contended on behalf of the husband/petitioner by Mr. Hiranmoy Bhattcharyya, learned Advocate, that the application under Section 24 was served on him on 18th September, 2011 and in terms of the order passed by the learned Judge, he was under an obligation to file his written objection thereto by 14th November, 2011. However, the Court was closed on account of annual vacation from 27th September, 2011 to 30th October, 2011 and thereafter he had to be admitted at Tata Memorial Hospital, Mumbai on 2nd November, 2011 for treatment of cancer. On the date the impugned order was passed, the husband/petitioner was hospitalized and therefore no defence could be raised in answer to the prayer of the wife/opposite party for alimony pendente lite.

(3.) Accordingly, a prayer has been made for setting aside the order under challenge and for extending an opportunity to the husband/petitioner to contest the Section 24 application.