SUBHADEEP CHANDA Vs. ADITI CHANDA NEE ROY

JUDGEMENT

(1.) Challenge is to the Order No.23 dated March 25, 2013 passed by the learned Additional District Judge, 3rd Court, Alipore in Misc. Case No.19 of 2012 arising out of Matrimonial Suit No.2914 of 2011.

(2.) The opposite party instituted a suit against the petitioner praying for a decree of nullity of the marriage contending, inter alia, that the husband treated her with cruelty. She noticed that after the marriage, the husband / petitioner herein refused to mix with her and he treated her with cruelty and for that reason she left the house of the husband on November 16, 2011. She lodged a complaint under Section 498A/406/34 of the I.P.C. against her husband before the Kasba Police Station and the said case is still pending. Thereafter, the wife / opposite party herein filed the aforesaid suit for divorce and she claimed alimony under Section 36 of the Special Marriage Act, praying for alimony pendente lite of Rs.8,000/- and an amount of Rs.5,000/- as litigation costs.

(3.) While disposing of the said application for alimony, learned Trial Judge granted alimony at the rate of Rs.12, 000/- per month and litigation costs of Rs.10,000/. Being aggrieved, this application has been preferred by the husband / petitioner herein.