AMAL DASGUPTA ALIAS BABUJI Vs. RUBY DASGUPTA

JUDGEMENT

(1.) THIS revisional application is directed against an order dated 28.8.2003 passed in Misc. Case No. 22 of 2001. The husband-petitioner in relation to an application as filed by the wife-opposite party under Section 24 of the Hindu Marriage Act, 1955 made an application for examination of the signature of the wife-opposite party by a hand writing expert. Such an application was purportedly made by the husband-petitioner to show that the wife-opposite party is leading an adulterous life so as not to enable her to get an order in her favour for payment of alimony pendente lite pending proceedings of the Mat. Suit.

(2.) UPON careful reading of the provisions of Section 24 of the said Act, this Court is of the view that the conduct of the parties being not a relevant consideration for the purpose of disposal of a petition for payment of alimony pendente lite, the petition as filed by the husband-petitioner was of no consequence. Accordingly, the impugned order rejecting the same does not suffer from any illegality and/or material irregularity. This revisional application is therefore dismissed. The Misc. Case that has arisen out of the petition under Section 24 of the Hindu Marriage Act, 1955 as filed by the wife-opposite party shall accordingly be disposed of expeditiously and preferably within a period of three months from the date of communication of this order.