LAWS(CAL)-2012-10-56

LOPAMUDRA DUTTA CHOWDHURY Vs. ABHIJIT DUTTA CHOWDHURY

Decided On October 19, 2012
LOPAMUDRA DUTTA CHOWDHURY Appellant
V/S
ABHIJIT DUTTA CHOWDHURY Respondents

JUDGEMENT

(1.) THESE two applications are directed against the Order No.50 dated December 23, 2011 passed by the learned Additional District Judge, 12 th Court, Alipore in Misc. Case No.3 of 2009 arising out of Matrimonial Suit No.16 of 2009 thereby granting alimony in favour of the wife and her daughter. Since, both the applications have arisen out of the same order of alimony, they are disposed of by this common judgment. For convenience, the C.O. No.615 of 2012 is taken up first. C.O. No.615 of 2012:-

(2.) ON the other hand, the opposite party is a Marine Engineer and he earns Rs.3 lakh only per month from service. Beside that, he has income from other sources, such as, painting etc. and at present, his monthly income is about Rs.5 lakh only. So, the petitioner has claimed the alimony pendente lite for the amount mentioned above.

(3.) AS noted above, the marriage between the two and the birth of a daughter in the wedlock are admitted facts. It is also an admitted fact that the daughter is now a student of Class-VIII of Mahadevi Birla Girls Higher Secondary School, Kolkata. The wife had to incur expenses for the education of the child as noted at page no.s 4 & 5 of the said application. Beside that, the wife has contended that she is now suffering from breast cancer and she had to expend a sum of Rs.94,442/- only for operation and chemotherapy and as such, she requires constant medical treatment. She has filed papers in support of such contention and so, there is no ground to disbelieve in such contention. It is also not in dispute that the husband is a Marine Engineer and that he was employed in the Shipping Corporation of India and later, he joined some other private companies.