- (1.) The husband and the wife both dissatisfied with the order dated 23rd December, 2011 for different reasons filed this application challenging the order passed by the 14th Additional District Judge, Alipore in Misc. Case No.1 of 2011 arising out of M.A.T Suit No.105 of 2008.
(2.) The said impugned order was passed in a proceeding initiated by the wife under Section 36 of the Special Marriage Act, 1954. Before entering into the illegality and correctness of the order impugned, it is necessary to consider the scope, ambit and width of Section 36 o the Special Marriage Act, 1954 which is reproduced hereinbelow: - "36. Alimony pendente lite. Where in any proceeding under Chapter V or Chapter VI it appears to the district Court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such as having regard to the husband's income, it may seem to the Court to be reasonable: [Provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under Chapter V or Chapter VI, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband.]"
(3.) The wife, in such a proceeding, is required to satisfy that she has no independent income sufficient for her support and meeting the necessary expenses of the proceeding.;