SOUMITRA RANJAN MUKHERJEE Vs. SABINE MARIANNE MUKHERJEE

JUDGEMENT

(1.) The husband and the wife both dissatisfied with the order dated 23rd December, 2011 for different reasons filed this application challenging the order passed by the 14th Additional District Judge, Alipore in Misc. Case No.1 of 2011 arising out of M.A.T Suit No.105 of 2008.

(2.) The said impugned order was passed in a proceeding initiated by the wife under Section 36 of the Special Marriage Act, 1954. Before entering into the illegality and correctness of the order impugned, it is necessary to consider the scope, ambit and width of Section 36 o the Special Marriage Act, 1954 which is reproduced hereinbelow: -

(3.) The wife, in such a proceeding, is required to satisfy that she has no independent income sufficient for her support and meeting the necessary expenses of the proceeding.