KOELIA BISWAS NEE DE Vs. PINAKEE BISWAS

JUDGEMENT

(1.) A petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (hereafter the 'Act') filed by the husband was decreed. F. A. 319 of 2014 at the instance of the wife is directed against such decree. The wife had prayed for restitution of conjugal rights by filing a petition under Section 9 of the Act. Feeling aggrieved by the dismissal of such petition, F. A. T. 183 of 2016 has been presented by the wife.

(2.) Several interim applications have been filed by the parties in such appeals. The first application is C. A. N. 3612 of 2014, filed in F. A. 319 of 2014, by the husband. It is treated as on day's list with the consent of the parties. In such application, an order has been prayed for to have the son of the parties (hereafter the child) admitted in any ranking residential school in India or abroad at the primary school stage as well as for a direction on the wife to extend necessary assistance and co-operation with regard to admission of the child in such residential school. This application was followed by another application at the instance of the husband, numbered as C. A. N. 7208 of 2016, wherein he prayed for an order for medical examination of the child for ascertaining the extent of his disability.

(3.) The wife, in her turn, filed C. A. N. 7075 of 2016 praying for alimony pendente lite. She claimed Rs. 1,20,000/- towards monthly maintenance of herself and the child together with Rs. 1,00,000/- on account of medical expenses of the latter. She also prayed for litigation costs of Rs. 1,00,000/-. It is not in dispute that the child is an autist. It is further not in dispute that the wife having filed an application under Section 125 of the Code of Criminal Procedure, the husband has been directed to pay Rs. 20,000/- per month to her for her own maintenance as well as Rs. 10,000/- per month for the child. It is also not in dispute that the husband has been complying with such order.