- (1.) This application is at the instance of the husband / petitioner and is directed against the Order No.83 dated December 20, 2010 passed by the learned Judge, 5 th Fast Track Court, Alipore in Misc. Case No.32 of 2004 arising out of the Matrimonial Suit No.9 of 2004 thereby disposing of an application under Section 24 of the Hindu Marriage Act. The application for alimony filed by the wife / opposite party herein in the said matrimonial suit was converted into the Misc. Case No.32 of 2004.
(2.) Upon hearing both the sides and on consideration of the application, its objection and the materials on record, the learned Trial Judge allowed the misc. case on contest. The following facts are not in dispute:- a) The husband / petitioner herein and the wife / opposite party herein were married on November 27, 1997 under the Hindu Marriage Act and subsequently, their marriage was registered under the provisions of the Special Marriage Act, 1954. After the marriage, both the parties lived together as husband and wife at the residence of the petitioner at 5/1, Gour Dey Lane, P.S. Bowbazar, Kolkata- 700012. b) One daughter, namely, Riya Dutta was born in the wedlock on July 31, 1999. c) Since February 24, 2002 the wife / opposite party herein has been residing at her father's house along with her daughter, Riya. d) The husband asked the wife to come back to his house with the daughter and stay with him over telephone, but the wife refused. e) The petitioner filed an application for restitution of conjugal rights before the District Court and that application has been converted into the Matrimonial Suit No.9 of 2004. f) During the pendency of the said application for restitution of conjugal right, the opposite party initiated a proceeding under Section 125 of the Code of Criminal Procedure for maintenance and that application was registered as Misc. Case No.174 of 2003. The learned Principal Judge of Family Court was pleased to pass order granting maintenance at the rate of Rs.1,500/- per month for the child but observed that the wife was not entitled to get any maintenance. g) Being aggrieved, the wife filed an application for revision before this Hon'ble Court and that application is still pending. h) Subsequently, the wife filed a criminal case being the Case No.GR/752 of 2007 under Section 498A & 406 of the Indian Penal Code against the petitioner before the Chief Metropolitan Magistrate, Calcutta on March 7, 2007 i) Thereafter, the wife filed an application under Section 24 of the Hindu Marriage Act claiming alimony at the rate of Rs.10,000/- per month and a further sum of Rs.5,000/- towards the litigation cost. j) On the prayer of the husband, the said matrimonial suit was converted from the one for restitution of conjugal rights to another for dissolution of marriage by a decree of divorce. k) The learned Trial Judge granted alimony at the rate of Rs.5,000/- per month for the wife and Rs.3,500/- per month for the minor daughter and a litigation cost of Rs.5,000/- by the impugned order. l) The husband is an employee of the State Bank of India, Overseas Branch, Kolkata drawing salary at the rate of Rs.27,000/- per month and he has admitted that his take home salary is Rs.24,000/- per month, and m) The wife has no source of income of her own and her father is a retired service-holder. Being aggrieved, the husband has preferred this revisional application.
(3.) Now, the question is whether the impugned order should be sustained.;