MANASH JYOTI RAJKHOWA Vs. RUNI SONOWAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 28/7/2023 passed by the learned Additional District Judge, Dibrugarh in Misc(J) Case No. 37/2022 arising out of T.S. (D) Case No. 45/2022.

(2.) From the materials on records, it reveals that the respondent herein as petitioner had filed an application under Sec. 13(1)(ia)/13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage between the petitioner and respondent. Along with that the respondent herein also sought for a permanent alimony of Rs.30,00,000.00 (Rupees Thirty Lakhs). In the said proceeding, written statement has already been filed by the petitioner herein. It is also relevant herein to mention that the respondent herein filed an application seeking maintenance pendent-lite @ Rs.30,000.00 (Rupees Thirty Thousand) per month from the date of filing of the said case along with a sum of Rs.20,000.00 (Rupees Twenty Thousand) as expenses for the said proceedings. The said application was registered and numbered as Misc (J) Case No. 37/2022.

(3.) The learned Court of Additional District Judge, Dibrugarh vide the order dtd. 18/5/2023 after taking account the various details had directed the petitioner herein to pay Rs.30,000.00 (Rupees Thirty Thousand) every month to the respondent herein as maintenance for herself and her two minor children without fail. The said order was made effective from the date of filing of the case. However, the prayer of the respondent herein seeking a sum of Rs.20,000.00 (Rupees Twenty Thousand) as expenses of the proceedings was rejected at that stage with an observation that the same would be considered at the time of the disposal of the main divorce suit.