HARISH TANDON, J. - (1.) THIS revisional application is directed against an order No.24 dated 14.12.2007 passed by Additional District Judge, 14th Court, Alipore, in Miscellaneous Case No. 20 of 2006 by which an application for maintenance under Section 36 of Special Marriage Act is disposed of, is allowed.
(2.) THE parties are married under the Special Marriage Act, 1954 on 30.06.1989 and in the said wedlock of female child was borne on 10.01.1993.
(3.) THE petitioner filed matrimonial suit No.11 of 2006 praying for decree for divorce by dissolution of the marriage in the court of the learned District Judge, Alipore. It is alleged in the plaint of the said matrimonial suit that the petitioner is inflicted with cruelty by the opposite party because of her in different temperament and behaviour and she constantly uses abusive languages which is not expected from a lady. It is further alleged that the petitioner being the Assistant Professor in Bengal Engineering and Science University, Shibpur, Howrah and as such cannot withstand such indecent behaviour and it has become impossible to live with the opposite party. According to the petitioner, the opposite party was compelled to leave the matrimonial house being of Flat No.6 at premises No.113 Santoshpur Avenue Calcutta -75 which was purchased by the petitioner in the name of the opposite party and is compelled to live with his parents at premises No.BF 194 Saltlake, Calcutta -64.;