TAPA SHANKAR DASGUPTA Vs. SUNANDA DASGUPTA

JUDGEMENT

(1.) This is to consider a revisional application under Art. 227 of the Constitution of India which is directed against the order dated 18th Aug., 2004 passed by Sri. A.K. Lala, the learned Additional District Judge, 3rd Court, Alipore in connection with Misc. Case No. 1 of 2003 arising out of matrimonial Suit No. 7 of 2003 under Sec. 24 of the Hindu Marriage Act allowing alimony to the tune of Rs. 8,000.00 per month and litigation cost of Rs. 10,000.00 to the opposite party/wife.

(2.) The facts of the case in brief are that the petitioner married the opposite party and thereafter out of that wedlock the O.P. gave birth to a daughter. The learned trial Judge after considering the materials placed before him particularly the salary certificates of the petitioner was pleased to direct the petitioner to pay a sum of Rs. 6,000.00 towards the maintenance of the O.P./wife and Rs. 2,000.00 towards the maintenance of the female child. The learned trial Judge was further pleased to direct the petitioner to pay a sum of Rs. 10,000.00 towards the cost of litigation.

(3.) I have heard the learned Advocates for both the parties. It is pointed out by the learned Advocate for the petitioner that the learned Judge did not consider the materials pleased by the husband before him. It is also submitted by him that it was clearly stated in the objection of the husband that he is to maintain his parents and the take-home pay of the petitioner, is not more than 15,000.00 per month. It is further submitted by him that the learned trial Judge arrived at such decision after taking the income of the husband at Rs. 28,416/- per month. The learned Advocate for the petitioner has also drawn my attention to the evidence of the wife/o.p. wherein she admitted that she spent a sum of Rs. 5,000.00 per month for the schooling of the daughter child and she is also employed.