SOUMITRA SAHU Vs. SASWATI SAHU

JUDGEMENT

(1.) The husband and wife challenge the quantum of alimony pendente lite in the two revisional petitions. The husband claims that the quantum granted is beyond his means and the wife suggests that the amount directed to be paid is neither enough to make her ends meet nor commensurate with the income of the husband.

(2.) By the order dated May 2, 2007 the wife's application under Sec. 24 of the Hindu Marriage Act. 1955 was disposed of by the 11th Additional District Judge, Alipore by directing the husband to pay Rs. 4,500.00 per month on account of maintenance for the wife and the girl child beginning June, 207 and a consolidated sum of Rs. 5,000.00 on account of litigation expenses. The sum of Rs. 4,500.00 was apportioned as Rs. 3,000.00 per month for the wife and Rs. 1,500.00 for the daughter. Litigation expenses were required to be paid by Sept. 15, 2007.

(3.) The husband's challenge is as to the wife's failure to establish his income. The husband asserts that there was no material before the court below to peg the husband's income at a particular level for such court to arrive at the quantification of the maintenance pendente lite. The husband claims that the principal ingredient for quantification is the assessment of the income of the spouse from whom maintenance is sought and in the absence of any rational assessment, the quantification is bound to be flawed.