VIJAY KAPOOR Vs. ANJU KAPOOR

JUDGEMENT

(1.) THESE two applications are directed against the Order dated January 7, 2012 passed by the learned Additional District Judge, Fast Track, 1 st Court, Alipore in Misc. Case No.10 of 2008 arising out of Matrimonial Suit No.19 of 2007 thereby disposing of an application for alimony. These two applications are disposed of by this common judgment. For convenience, the C.O. No. 1183 of 2012 is discussed first.

(2.) THE husband/petitioner filed this application. He has contended that the petitioner and the opposite party were married according to Hindu Rites and Customs on April 29, 1996 at 7, May Fair Road, P.S. Karaya, Kolkata-700019. After the marriage, both the parties lived together as husband and wife at 26B, Dr. Suresh Sarkar Road, P.S. Entally, Kolkata-700014. Two children, one daughter and another son, were born to the parties on January 2, 1998 and May 14, 2000 respectively in the wedlock and they are the students of Class VI and III respectively at the time of filing the application for alimony. Previously, the husband filed one Matrimonial Suit being Mat. Suit No.142 of 2006 for a decree of divorce. That suit was withdrawn by the husband. Subsequently, the husband has filed the present suit for judicial separation. The wife/opposite party has contended that she is a housewife and she has no source of income. The husband runs a business on security services at 181A, Park Street, P.S. Park Street, Calcutta-700017 and thus, the husband earns Rs.4,00,000.00 per month from the said business. The husband left the matrimonial home, without any rhymes or reasons, leaving the petitioner and her two children. The petitioner is still living with her parents in-law and the said children at her in-law 's house. After leaving the matrimonial home, the husband stopped paying maintenance either to the petitioner or to the children. Thereafter, on several requests, the husband started paying only for school fees of the children and daily grocery/household expenses of the petitioner and the children. But, he did not pay any money to the wife for her personal expenses. Under the circumstances, the wife has claimed Rs.80,000.00 per month as a consolidated amount on account of maintenance for the petitioner and the two children and the litigation costs of Rs.20,000.00. By the impugned order, the learned Trial Judge granted a sum of Rs.25,000.00 per month to the wife for her maintenance pendente lite beside the amount of Rs.20,000.00 per month being paid to the petitioner for her two children towards their education and maintenance. The learned Trial Judge has also granted litigation costs of Rs.5,000.00 in favour of the wife. Being aggrieved by such order, the husband has preferred this application.

(3.) SO far as the alimony for the two children is concerned, the husband is paying 20,000.00 per month to the petitioner for her two children towards their education and maintenance. This amount should not be interfered with. So, also the litigation costs. So, the order of the learned Trial Judge relating to alimony for the wife needs to be changed to the extent indicated above and other terms and conditions relating to the alimony shall not be altered. The two applications should be disposed of with such observations. The application is, therefore, disposed of. The husband is directed to pay the amount of Rs.15,000.00 per month to the wife as alimony. The grant of alimony for the two children is not interfered with. The other terms and conditions relating to payment are not interfered with. The arrears of maintenance must be paid by the husband by four monthly instalments approximately equal commencing from the month of November, 2012. Considering the circumstances, there will be no order as to costs.