AMBARISH GHOSH Vs. SREYASHI GHOSH (NEE RAY)

JUDGEMENT

(1.) This revisional application is directed against the order dated March 22, 2016 passed by the learned Additional District Judge 16th Court at Alipore, South 24 Parganas in Miscellaneous Case No. 21 of 2014 arising out of Matrimonial Suit No. 22 of 2014. By the impugned order, the learned Court below disposed of the application filed by the opposite party-wife under Section 36 of the Special Marriage Act, 1954 (in short "the Act of 1954"). The learned Court below directed the petitioner-husband to pay alimony pendente lite of Rs. 40,000/-, per month to the opposite party-wife for herself and Rs. 26,500/-, per month as alimony for her minor daughter. The learned Court below also directed the petitioner to pay Rs. 50,000/- to the opposite party-wife as litigation cost, by way of two equal monthly instalments of Rs. 25,000/- each.

(2.) From the records it appears that the petitioner is a resident in Singapore having a monthly income of S$ 7100, equivalent to INR 4 lakhs. Undisputedly, the petitioner has not ever paid any amount of maintenance to the opposite party-wife either for herself or for her minor daughter. It is the opposite party who earns Rs. 35,000/-, per month from the school where she is employed on contractual basis is not only maintaining herself as well as her daughter, she is also bearing the entire educational expenses of the daughter.

(3.) Having considered the materials on record and the submissions advanced by the learned advocate appearing for the respective parties I direct that there shall be an interim order directing stay of operation of the impugned order dated March 22, 2016 passed by the learned Court below subject to the condition that the petitioner shall pay alimony pendente lite to the opposite party at the rate of Rs. 30,000/-(Rupees Thirty Thousand only), per month on account of herself and Rs. 26,500/-( Rupees Twenty-Six Thousand and Five Hundred only), per month on account of her minor daughter, from the date of filing of the application under Section 36 of the Act of 1954 till the disposal of this revisional application. The petitioner will pay arrear alimony pendente lite to the opposite party-wife for herself and on account of her minor daughter amounting to Rs. 21,47, 000/-( Rupees Twenty-One Lack and Forty-Seven Thousand only) by way of six equal instalments. The first of such instalments shall be paid within March 15, 2017 and the remaining instalments shall be paid within the 15th day of each following month. In addition to the arrear alimony pendente lite amount, the petitioner shall also continue to pay the current monthly alimony pendente lite to the opposite party on account of herself and her minor daughter, at the rate mentioned above, from March 2017 within the 20th day of each month.