RAJARSHI GHOSH Vs. SOMA GHOSH

JUDGEMENT

(1.) Supplementary affidavit filed by the petitioner is taken on record. This is an application filed by the petitioner in Matrimonial Suit No.220 of 2018, pending before the learned Additional District Judge, 7th Court, Barasat, being the husband. The petitioner is aggrieved by an order dated September 23, 2019 passed by the learned Additional District Judge, 7th Court at Barasat by which the maintenance pendente lite of Rs.15,000/" per month was granted to the wife from the date of filing of the application under Section 36 of the Special Marriage Act, 1954, which was registered as Misc. Case No.07 of 2018. No litigation case was awarded.

(2.) The wife prayed for Rs.50,000/" per month for maintenance and Rs.30,000/" as litigation cost. The wife's contention was that the husband was an Eye Specialist and he had a substantial income of Rs.2,50,000/" per month. He has a double storied house in Salt Lake. The husband/petitioner filed an objection to the application for maintenance and stated that his income was Rs.40,500/" as he was a salaried Doctor in Anandalok Hospital and the house in Salt Lake was his mother's property. He did not have means to provide for his wife, due to other expenses incurred for looking after his parents.

(3.) The learned Court below upon considering the various factors came to the finding that the income of the husband of Rs.40,500/" per month as remuneration, which was sought to be substantiated by the husband on the basis of a certificate issued by the Secretary of the Anandalok Hospital, could not be completely relied on. The learned Court below further came to a finding that admittedly the wife did not have any income of her own and she was living under the shelter of her elder brother. The court held that amount of maintenance pendente lite should be calculated on the ability of the husband, the need of wife, the social status, age, education, etc. Considering the present market value of essential commodities and status of the parties, the learned Court below deemed it fit to award Rs.15,000/" per month as maintenance pendente lite.