BABALU SINGH Vs. SANJU SINGH

JUDGEMENT

(1.) CHALLENGE is to the Order No.22 dated April 11, 2012 passed by the learned Additional District Judge, 3 rd Court, Hooghly in Matrimonial Suit No.624 of 2010 thereby disposing an application under Section 24 of the Hindu Marriage Act filed by the husband / petitioner herein.

(2.) THE husband / petitioner herein instituted the aforesaid matrimonial proceeding under Section 13(1)(ia)(ib) of the Hindu Marriage Act. In that matrimonial suit, the wife / opposite party herein filed an application under Section 24 of the Hindu Marriage Act praying for alimony. By the impugned order, the learned Trial Judge granted alimony pendente lite at the rate of Rs.3,500/- per month for the wife and Rs.3,000/- per month for the minor daughter and litigation costs of Rs.10,000/- to the wife. Being aggrieved by such orders, the husband has preferred this application. Now, the question is whether the impugned order should be sustained.

(3.) UNDER the circumstances, since the effect of attachment of the salary of the husband has not been taken into consideration in the impugned order, in view of the decision of Sudeep Chaudhary v. Radha Chaudhary reported in (1997) 11 SCC 286, the adjustment is essential. It is not known whether the proceeding under Section 125 of the Cr.P.C. or the civil revision arising from the interim order has been disposed of.