JAYANTA CHATTERJEE Vs. NILA CHATTERJEE

JUDGEMENT

(1.) The grievance of the petitioning husband is that despite a specific assertion in the written objection to the application under Sec. 24 of the Hindu Marriage Act, 1955 that the petitioner had no income and suffered from a severe neurological disorder, the trial court has allowed alimony pendente lite in favour of the wife. The allegation of the wife was that the husband earned Rs. 1,50,000.00 per month. Such allegation was dealt with at paragraph 8 of the objection filed by the husband. It was specifically averred that the husband had no income at the time when the petition was prepared as the husband suffered from a serious incapacity.

(2.) It appears from the order impugned that the court has not taken into account relevant considerations. If the court believed that the husband's income was Rs. 1.5 lakh a month, the court should not have allowed a paltry amount of Rs. 8000.00 as monthly alimony pendente lite to the wife who earns a meagre sum of Rs. 6000.00 per month.

(3.) It was necessary in the circumstances, for the court to take evidence to ascertain the income of the husband, for an appropriate part thereof to be directed to be paid to the wife.