DURGAPADABANERJEE Vs. SUSHMITA BANERJEE

JUDGEMENT

(1.) This application is directed against the order dated 26-7-1990 passed by the District Judge, Singhbhum at Chaibassa in Matrimonial Suit No. 64 of 1988 whereby any whereunder the said learned court granted interim maintenance @ Rs. 500/- per month and Rs. 200/- per month as cost of proceeding to the opposite party.

(2.) The fact of the matter lies in a very narrow compass :- The plaintiff/petitioner filed an application for divorce in terms of Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter to be referred to and called for the sake of brevity as the said Act) as against the opposite party inter alia on the ground that she is guilty of desertion of the petitioner as also on the ground of cruelty and misbehaviour on her part.

(3.) In the said proceeding, the opposite-party filed a written statement on 27-3-1990 denying and disputing the allegations made in the said application. In the said proceeding the opposite party filed an application under Section 24 of the Hindu Marriage Act, 1955, is contained in (sic) application wherein inter alia it was alleged that she had been deserted by the petitioner in the year 1981 without making any provisions for her rnaintenanee. It was further alleged that the opposite party was provided with a provisional job by Kalyan Niketan A. I. W. C. on payment of gross salary of Rs. 600/- (Net salary Rs. 550/- per month), out of which she has to pay a sum of Rs. 225/- towards house rent ; a sum of Rs. 50/- to the private tutor of the child and Rs. 25/- by way of school expenses. In the said application the opposite party further stated :-