SMT. DIPANWITA KARMAKAR NEE RANA Vs. PRASANTA KARMAKAR

JUDGEMENT

(1.) This revisional application is directed against the order no. 89 dated April 05, 2016 passed by the learned Additional District Judge, 16th Court, Alipore in Matrimonial Suit No. 5 of 2009, by which an application for enhancement of maintenance is disposed of.

(2.) Admittedly the husband filed an application for dissolution of marriage way back in the year 2009, inter alia, on the ground of desertion and cruelty. The wife after entering appearance claimed maintenance pendente lite under Sec. 24 of the Hindu Marriage Act, which was disposed of by awarding a sum of Rs.5,000.00 per month. It further appears that the wife has also approached the Judicial Magistrate with an application under Sec. 125 of the Code of Criminal Procedure, whereupon a maintenance of Rs.3,000.00 per month had been awarded.

(3.) While disposing of an application under Sec. 24 of the said Act, the Court found that the gross salary of the husband was Rs.27,000.00 and odd per month and further held that the wife was entitled to a sum calculated on the basis of ⅕th of the total income and awarded the said sum of Rs. 5,000.00 per month. Apart from the same the Trial Court also awarded Rs.10,000.00 towards litigation cost.