AYAN SEN Vs. SMITA NATH

JUDGEMENT

(1.) The present revision application has been filed by the petitioner challenging the legality and correctness of the impugned order being no. 28 dtd. 29/6/2022 passed by the Ld. Additional District Judge, 10th Court at Alipore in connection with Misc. Case no. 230 of 2020 arising out of Matrimonial Suit No. 3004 of 2018.

(2.) The said Matrimonial Suit being no.3004 of 2018 was instituted at the behest of the petitioner herein/husband against respondent herein/wife under Sec. 27(1) (d) of the Special Marriage Act, 1954 (hereinafter referred to as Act of 1954) with a prayer for a decree of divorce thereby dissolving the marriage by and between the parties which was solemnized on 20/1/2015 under the Special Marriage Act.

(3.) In the said suit the respondent /wife filed an application under Sec. 36 for alimony pendente lite praying for a monthly maintenance of Rs.1,00,000.00 per month which was duly objected by the petitioner herein. Upon perusal of the pleadings exchanged, the Trial Court directed the parties to file an affidavit-of-assets in terms of the directions passed by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324. Accordingly, both the parties filed their respective affidavits and after thorough perusal, the Ld. Trial Court was pleased to hold that the respondent herein/wife is entitled to receive Rs.35,000.00 as alimony pendente lite per month and in addition to that she will get Rs.30,000.00 lumpsum as litigation cost.