- (1.) The husband/petitioner (hereafter the petitioner) impugns order dated March 21, 2011 passed by the learned trial Judge. While allowing an application under Section 36 of the Special Marriage Act (hereafter the Act) filed by the wife/opposite party (hereafter the opposite party), the learned Judge directed the petitioner to pay a sum of Rs. 7,000/- per month as alimony pendente-lite to her till disposal of the matrimonial suit instituted by him against her. The order was directed to take effect from April 28, 2009, being the date of filing of the application under Section 36 of the Act. The petitioner was directed to pay arrears in 10 (ten) equal monthly instalments and to pay the current dues by the tenth of each month starting from April 10, 2011.
(2.) It is an admitted fact that the opposite party is employed as a school teacher and drew net pay of Rs.21,954/- in the month of December, 2010. It is further admitted by her that an amount of Rs.4,446/- is being deducted for credit in a savings scheme account maintained by her from her gross pay, which is Rs.27,990/-. It is also not in dispute that the petitioner drew Rs.72,856/- as net salary for the month of December, 2010.
(3.) Having regard to the respective earnings of the parties as noticed above, question is whether the learned Judge was justified in passing the impugned order.;