SHYAMAL KUMAR DAS Vs. SABYASACHI BHATTACHARJEE

JUDGEMENT

(1.) Heard Mr. Bhattacharjee, the learned Advocate appearing for the petitioner.

(2.) This revision is directed against the order dated 28th February, 1997 passed by the learned Additional District Judge, 1st Court, Alipore arising out of a Matrimonial Suit No. 52/96 awarding maintenance to the opposite party/wife at the rate of Rs. 700/- per month within 15th of the following month. It has been also directed that the petitioner shall pay all arrears within 30th June, 1997. The petitioner who is the husband of the opposite party filed the present matrimonial suit for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 which has been registered as Matrimonial Suit 610/94 and the same has been subsequently renumbered as Matrimonial Suit No. 52/96. The opposite party/wife following her appearance in the Court submitted an application under Section 24 of the Hindu Marriage Act for temporary alimony on the allegations that the petitioner has been earning @ Rs. 4,000/- per month approximately and she has been neglected and driven out from the matrimonial house for which she may be awarded temporary alimony @ Rs. 2,000/- per month and also Rs. 1,000/- per month as her legal expenses. The petitioner/husband filed his written objection to the said application disputing his own income but not specifically stated that the opposite party/wife has any independent source of income.

(3.) The learned Additional District Judge on perusal of the case of both parties and evidence on record observed that the husband is earning Rs. 2,745/- as per his Pay Slip dated 18.11.1996 as net pay. Therefore, the learned Judge directed the petitioner to pay at the rate of Rs. 700/- per month from the date of application and also Rs. 800/- towards the litigation expenses. So far Rs. 800/- as litigation expenses awarded by the Trial Court is concerned, I don't think the petitioner can have any grievance and the same be directed to pay.