KANAK BASU Vs. NANDINI BASU

JUDGEMENT

(1.) Challenge in the present revisional application is to the order No.29 dated 09.05.2016 passed by the Learned Additional District Judge, 3rd Court at Alipore in Misc. case No.37 of 2015 arising out of Mat Suit No.64 of 2012 against an application under section 27 of the Special Marriage Act, praying for setting aside the order No.29 dated 09.05.2016 passed by the Learned Additional District Judge, 3rd Court at Alipore.

(2.) According to the case of the petitioner he had been living separately on and from 26.12.2016 but all along during the period of separation the petitioner in his own volition used to pay a sum of Rs.25 thousand as her maintenance, since there was no chance of reunions of the conjugal life between the petitioner / husband and opposite party / wife. There after the petitioner filed an application under section 27 of the Special Marriage Act, 1954 for a decree of divorce for dissolution of the marriage which was held on 29th day of June, 1982 and the said suit was registered as Mat Suit No.64/2012.

(3.) On the contrary the opposite party / wife filed an application under Section 9 of the Hindu Marriage Act, 1955 before the Learned 3rd Court of the Additional District Judge at Alipore and it was numbered as Mat Suit No.81/2012 in the Court of the Learned Additional District Judge, 3rd Court, Alipore. The opposite party / wife also filed an application under section 24 of the Hindu Marriage Act, 1955. The petitioner contested the suit by filing the written statement as well as by filing the written objection in the Misc. case No.41/2012 (arising out of Mat suit No.81/2012). The Learned Trial Judge, upon the contested hearing of the application of the wife under section 24 of the Hindu Marriage Act, 1955 fixed up the maintenance of the wife to the tune of Rs.30 thousand per month along with the direction upon the husband to pay Rs.20 thousand towards litigation cost on 24th January, 2014.