DEBASISH GUHA Vs. SARMISTHA GUHA

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against the order No. 40 dated 19.3.2009, passed by Sri N.K. Ghosal, learned Additional District & Sessions Judge, 4th Court at Howrah in Misc. Case No. 109 of 2004, arising out of MAT Suit No. 356 of 2004.

(2.) From the materials on record it could be ascertained that the present petitioner Debasish Guha by instituting the MAT Suit No. 356 of 2004 has prayed for decree of divorce against his wife being the O.P. Sarmistha Ghosh. In the said suit the O.P. entered appearance and by filing a petition under Section 24 of the Hindu Marriage Act has prayed for alimony and litigation cost to the tune of Rs. 5,000/- p.m. and Rs. 15,000/- respectively. Learned Court below upon hearing the learned Counsel for the parties concerned and also giving due consideration to the materials on record including the status of the parties concerned has been pleased to pass an order of alimony to the tune of Rs. 2,500/- p.m. and litigation cost to the tune of Rs. 5,000/-.

(3.) Being aggrieved by and dissatisfied with the said order petitioner- husband has preferred the present application under Article 227 of the Constitution of India for setting aside the impugned order.