JAYANT Vs. ASIT KUMAR

JUDGEMENT

(1.) The defendant in a suit by the husband under the Indian Divorce Act, 1869 (for short 'the Act') is the petitioner against an order under S.36 thereof relating to alimony pendente lite.

(2.) Section 36 reads as follows :-

(3.) There is no dispute that in such a proceeding the application is maintainable. Mr. Aziz, the learned counsel for the wife-petitioner, submitted that the trial Court has not kept in mind the ingredients for determining the quantum of alimony and has arbitrarily fixed the amount basing his determination on surmises. Mr. S.K. Dey, the learned counsel for the opposite party, on the other hand submitted that the determination is reasonable in the circumstances of the case and I ought not to interfere with the order in exercise of power under S.115, C.P.C.