SAIBAL GHOSH Vs. MOUSUMI GHOSH

JUDGEMENT

(1.) The husband has filed the instant application under Article 227 of the Constitution of India challenging an order dated April 4, 2019 passed by the Additional District Judge, Fourth Court at Alipore in Matrimonial Suit no. 131 of 2009. He is aggrieved by the order enhancing the amount of alimony pendente lite as well as grant of litigation cost.

(2.) The husband filed the matrimonial suit under section 27 of the Special Marriage Act for dissolution of the marriage. In the wedlock a male child was born who has now attained the age of majority. Initially, the wife filed an application under section 36 read with 38 of the Special Marriage Act praying for an order of alimony pendente lite at the rate of Rs. 20,000 per month for self and Rs. 6,000 per month for the son who was then a minor. Litigation cost of Rs. 10,000 was also prayed for. The said application was registered as misc case no. 50 of 2009.

(3.) On a contested hearing, the Trial Judge by an order being no 56 dated January 10, 2011 allowed the said misc case in part directing the husband to pay alimony pendente lite at the rate of Rs. 4,000 per month for the wife and Rs. 3,000 per month for the minor child with effect from the date of order. The husband was further directed to pay the litigation cost of Rs. 8,000 to the wife.