AJOY CHAKRABORTY Vs. MITHU CHAKRABORTY

JUDGEMENT

(1.) THIS application is directed against the order no. 28 dated 06. 08. 2007 passed by the learned Additional district Judge, First First Track Court, Hooghly in Matrimonial suit No. 28 of 2006 whereby the learned Trial Judge has allowed the petition under Section 24 of the Hindu Marriage Act, 1955 in part granting the wife/respondent alimony pendente lite at the rate of rs. 2,000/- per month with effect from the date of filing of the instant petition. The learned Trial Judge has also awarded the litigation cost of Rs. 3,000/- by the impugned order.

(2.) THE short fact is that the husband/petitioner filed the said matrimonial Suit under Section 13 (i) (ia) of the Hindu Marriage act, 1955 for dissolution of marriage on the ground of cruelty. In that suit, the wife/respondent appeared and filed the petition under Section 24 of the Hindu Marriage Act. Upon recording evidence on behalf of both the sides, the learned Trial Judge has allowed the said petition in part in the manner as indicated above. Being aggrieved by the impugned order, the husband/petitioner has filed this application.

(3.) HAVING considered the submissions of the learned Advocate for the husband/petitioner and the learned Advocate for the wife/respondent and on perusal of the materials on record, I find that the contention of the husband/petitioner is that he has been paying maintenance at the rate of Rs. 1,500/-per month for the wife/respondent and her children in the maintenance case. It is not dispute that he has been paying the said amount. Thereafter, the wife/respondent has claimed alimony under Section 24 of the hindu Marriage Act. The contention of the husband/petitioner is that at present he gets net salary of Rs. 5,618/- per month as a group " D employee of the Baidyabati Municipality and that he has no other source of income. So such amount has become excessive.