- (1.) These two revisional applications are at the instance of the husband and are directed against the Order No.11 dated June 15, 2009 and Order No.14 dated November 3, 2009 passed by the learned Additional District Judge, First Tract 3 rd Court, Barrackpore in Matrimonial Suit No.269 of 2008 thereby disposing an application for enhancement of alimony and another application for attachment of the salary of the husband.
(2.) Since the two applications relate to alimony and attachment of the salary of the husband and they are in between the same parties, they are disposed of by this common judgment. For conveyance, I am discussing the C.O. No.3228 of 2009. C.O. No.3228 of 2009:- The husband / petitioner herein instituted a matrimonial suit being Matrimonial Suit No.269 of 2008 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of the marriage by a decree of divorce on the ground of cruelty. The husband is an employee Katni Refractory Works, ACE Refractory Ltd. (M.P.). The petitioner was married to the opposite party after death of his first wife. But, after marriage with the opposite party, the petitioner realised that the opposite party is a mentally ill person. She is taking medicine. Such fact was suppressed at the time of the marriage. He filed a suit for divorce on the ground already stated.
(3.) The wife / opposite party is contesting the said suit by filing a written statement denying all the material allegations. She filed an application claiming for alimony. That application was allowed granting alimony at the rate of Rs.2,000/- per month. Subsequently by the impugned order, the alimony was enhanced to Rs.4,000/- per month. The husband filed an application under Order 23 Rule 1 of the C.P.C. and that application was not disposed of, but kept pending. Being aggrieved, this application has been filed.;