LAWS(CAL)-2018-1-211

KRISHNA PANDA Vs. RADHA GOBINDA PANDA

Decided On January 11, 2018
KRISHNA PANDA Appellant
V/S
Radha Gobinda Panda Respondents

JUDGEMENT

(1.) This revisional application is directed against an order dated 13.06.2016 passed by the learned Additional District Judge, 7th Court, Paschim Midnapore in Matrimonial Suit No. 673 of 2015 dismissing an application under Section 24 of the Hindu Marriage Act, 1955.

(2.) Admittedly, the marriage was solemnized according to Hindu Rights and Customs and was duly consummated. A minor child was born of the wedlock and it is alleged by the wife / petitioner that she was tortured and assaulted on the demand of dowry. The opposite party filed the said Matrimonial Suit for dissolution of marriage by divorce inter-alia on the ground of desertion and cruelty.

(3.) The wife / petitioner took out an application under Section 24 of the said Act claiming alimini pendente lite not only for herself but also for the minor child together with the litigation cost. It is alleged in the said application that the petitioner has no independent income and is passing her days along with her son in her father's house. It is further alleged that the petitioner has a substantial income of about Rs. 20,000/- per month from various sources and therefore maintenance should be awarded to her to the tune of Rs. 8000/- inclusive of the maintenance for minor son and the litigation cost.