MAYURAKSHI BASU Vs. SANDEEP BASU

JUDGEMENT

(1.) THESE two applications are directed against the Order No.27 dated March 19, 2012 passed by the learned Additional District Judge, 9 th Court, Alipore in Misc. Case No.8 of 2011 arising out of the Matrimonial Suit No.13 of 2011. Since, the common fact is involved in the matter, these two applications are disposed of by this common judgment.

(2.) FOR convenience, the C.O. No.1314 of 2012 is discussed first. C.O. No.1314 of 2012:- The wife has instituted this application praying for enhancement of the alimony granted pendente lite in the said suit. In the said matrimonial suit, the husband prayed for a decree of restitution of conjugal rights between the parties at a residence other than the present residence of the respondent and other consequential reliefs. The wife is contesting the said suit and she filed an application under Section 36 read with Section 38 of the Special Marriage Act, 1954 and that application was disposed of on contest directing the husband to pay an interim alimony at the rate of Rs.10,000/- per month for the wife and an amount of Rs.5,000/- per month for the maintenance of child and also a sum of Rs.5,000/- as litigation costs. Being aggrieved by such orders, the wife has preferred this revisional application for enhancement.

(3.) SO far as the grant of the costs for education of Rs.75,000/- , the wife has stated that before getting her daughter admitted to a good school of the locality in South Kolkata, she wanted to have talks with her husband. But, the husband declined to talk or even to make conversation through email. So, the wife had to take decision independently. Though, as per materials on record, there are many good schools in the South Kolkata, the wife has explained why her daughter was admitted to the said school. The reasons as stated by her are that it is the school of the locality which does not require the consent or signature of the father of the kid. The wife has explained that her husband told her through email not to contact him about the admission of the child, even not to call him over phone. In my view, the wife has explained properly as to why her daughter was admitted to that particular school where she is to incur heavy expenses. Under the circumstances, I am of the view that the wife had no other alternative, but to get her daughter admitted to that school and so, the husband is bound to pay the educational expenses of Rs.75,000/-. The learned Trial Judge directed payment of such money by five monthly instalments at the rate of Rs.15,000/- per month. As per materials on record, the husband is an able-bodied person having a decent income as noted earlier and he is staying with his parents and sister without any liability to pay any house rent. The father of the husband is a retired Senior Executive of a Multi-National Company. Under the circumstances, the mother and sister of the husband cannot be considered as dependants on the husband / opposite party herein.