ABHIJIT GHOSH Vs. JAYITA GHOSH (NEE CHATTERJEE)

JUDGEMENT

(1.) This revisional application is directed against Order no. 33 dated 1st May, 2018 passed by the learned Additional District Judge, 16th Court, Alipore in Miscellaneous Case No. 420 of 2017. The Miscellaneous Case arose out of an application under Section 24 of the Hindu Marriage Act filed by the wife in Matrimonial Suit No. 53 of 2015 (renumbered as No. 2 of 2017) initiated by the husband under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 against the opposite party/wife. The husband resides in Malaysia whereas the wife resides in India.

(2.) Before the present application under Section 24 of the Hindu Marriage Act had been filed before this Court the wife/opposite party filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'PWDV Act'), registered as A.C. No. 1159 of 2013 together with an application under Section 23 of the said Act on 26th February, 2014 before the learned Judicial Magistrate, 4th Court at Alipore. In the said proceeding the learned Magistrate was pleased to dispose of the application under Section 23 of the PWDV Act of 2005 directing the petitioner to pay a sum of Rs.50,000/- (Rupees Fifty Thousand) only, per month. Considering the income of the petitioner/husband at Rs.1,43,000/- RM only (Malaysian currency) commonly known of 'Ringgit Malaysian' which is equivalent to Rs.2,43,100/- (Rupees Two Lakh Forty Three Thousand One Hundred) only, per month at the relevant point of time. It is not disputed that the said amount of Rs.50,000/- is being paid by the husband/petitioner every month.

(3.) In the application the wife/opposite party further stated that though she is a qualified doctor but due to various ailments she lost her job and she is presently a housewife having no means to maintain herself and suffering from various ailments. She has also stated that the husband/petitioner has got several houses in India but he does not allow the wife to stay at any of such houses, on the contrary, she has been residing in a rented house. It is the specific averment made by the wife/opposite party in her application under Section 24 of the Hindu Marriage Act that the husband who is also a renowned Doctor, in the Domestic Violence case, admitted that he had been earning 5,000 R.M. from hospital and 3000-6000 R.M from Locums and after deduction, his total earning was 1,43,000/- R.M which is equivalent to Rs.2,43,100/- per month. She submitted that due to the high cost of living it would be difficult for her to meet the expenses of her livelihood at the same standard of living which she used to live with her husband in Malaysia and it is also difficult for her to contest the Matrimonial Suit with the said paltry amount of Rs.50,000/- unless the Court directs alimony pendente lite for a sum of Rs.1,00,000/- (Rupees One Lakh) only per month and Rs.2,00,000/-(Rupees Two Lakh) only towards litigation cost.