PRASENJIT MANDAL,J. - (1.) THESE two applications are directed against the Order dated January 7, 2012 passed by the learned Additional District Judge, Fast Track, 1 st Court, Alipore in Misc. Case No.10 of 2008 arising out of Matrimonial Suit No.19 of 2007 thereby disposing of an application for alimony. These two applications are disposed of by this common judgment. For convenience, the C.O. No. 1183 of 2012 is discussed first.
(2.) THE husband/petitioner filed this application. He has contended that the petitioner and the opposite party were married according to Hindu Rites and Customs on April 29, 1996 at 7, May Fair Road, P.S. Karaya, Kolkata-700019. After the marriage, both the parties lived together as husband and wife at 26B, Dr. Suresh Sarkar Road, P.S. Entally, Kolkata-700014. Two children, one daughter and another son, were born to the parties on January 2, 1998 and May 14, 2000 respectively in the wedlock and they are the students of Class VI and III respectively at the time of filing the application for alimony. Previously, the husband filed one Matrimonial Suit being Mat. Suit No.142 of 2006 for a decree of divorce. That suit was withdrawn by the husband. Subsequently, the husband has filed the present suit for judicial separation. The wife/opposite party has contended that she is a housewife and she has no source of income. The husband runs a business on security services at 181A, Park Street, P.S. Park Street, Calcutta-700017 and thus, the husband earns Rs.4,00,000.00 per month from the said business. The husband left the matrimonial home, without any rhymes or reasons, leaving the petitioner and her two children. The petitioner is still living with her parents in-law and the said children at her in-law 's house. After leaving the matrimonial home, the husband stopped paying maintenance either to the petitioner or to the children. Thereafter, on several requests, the husband started paying only for school fees of the children and daily grocery/household expenses of the petitioner and the children. But, he did not pay any money to the wife for her personal expenses. Under the circumstances, the wife has claimed Rs.80,000.00 per month as a consolidated amount on account of maintenance for the petitioner and the two children and the litigation costs of Rs.20,000.00. By the impugned order, the learned Trial Judge granted a sum of Rs.25,000.00 per month to the wife for her maintenance pendente lite beside the amount of Rs.20,000.00 per month being paid to the petitioner for her two children towards their education and maintenance. The learned Trial Judge has also granted litigation costs of Rs.5,000.00 in favour of the wife. Being aggrieved by such order, the husband has preferred this application. Having heard the learned Advocates of both the sides and on perusal of the materials-on-record, I find that, admittedly, the marriage between the two parties was held on April 29, 1996 according to Hindu Customs and Rites at 7, May Fair Road, P.S. Karaya, Kolkata-700019 and that the parties lived together as husband and wife at 181A, Park Street, P.S. Park Street, Calcutta- 700017. The parties were blessed by two children, one being daughter and another being son, and they were born on January 2, 1998 and May 14, 2000 respectively. They were the students of Class VI and III respectively at the time of filing of the application for alimony. Admittedly, the petitioner instituted a matrimonial suit being Matrimonial Suit No.142 of 2006 for a decree of divorce, but, the petitioner did not proceed with the suit and the said suit was dismissed. Admittedly, the petitioner is staying elsewhere other than the Premises at 26B, Dr. Suresh Sarkar Road, P.S. Entally, Kolkata-700014 and the wife/opposite party herein is living at the house of her in laws along with her two children and the parents in-law. Admittedly, the husband is running a business on security services. From his standard of living, it is apparent that he is earning a lot of money. As per evidence on record, there is no proof that the wife has any source of income at present. The wife had deposed that the husband/petitioner herein earns Rs.4,00,000.00 per month from the said services, but, in support of her contention, there is no convincing document to show that the husband earns such amount. Anyway, the Income Tax Return as furnished cannot be a proof of the actual income. But, from other attending circumstances, the income can well be assessed. The wife has deposed to the effect that the husband runs a business at 181A, Park Street, P.S. Park Street, Calcutta-700017, and the said security services business provides securities to different renowned companies. She knows the business personally, inasmuch as, she also sat in the other business of the same kind in the same room, but, after filing of the suit for divorce, she did not attend the premises at 181A, Park Street, P.S. Park Street, Calcutta-700017. But the wife has deposed to the effect that her husband is a member of different renowned clubs. He has several mobiles, landline connections and that he expensed Rs.1,27,240.00 per month on average basis. It is difficult for the wife to produce the papers of the business of the husband, but, his oral statement cannot be discarded. In view of another consideration that the two children were admitted to renowned school and for that reason, the husband has admitted in his deposition that he was paying Rs.16,000.00 /Rs.17,000.00 per month for the education of the two children, it can be assessed that the husband earns a considerable amount per month. Therefore, from such attending circumstances, it can well be assessed that the husband is a well-to-do man and he has enough source of money to pay up adequate alimony so that the wife can maintain the same status as her husband enjoys. Admittedly, the wife is residing in the house of the husband along with her parents in-law and two children. Under the circumstances, so far as the maintenance for the wife is concerned, I am of the view that the amount for alimony for the wife should be to the tune of Rs.15,000.00 per month and I firmly believe from the evidence on record that the husband would be able to pay such money in spite of maintaining another establishment at Goria under Sonarpur Police Station.
(3.) SO far as the alimony for the two children is concerned, the husband is paying 20,000.00 per month to the petitioner for her two children towards their education and maintenance. This amount should not be interfered with. So, also the litigation costs. So, the order of the learned Trial Judge relating to alimony for the wife needs to be changed to the extent indicated above and other terms and conditions relating to the alimony shall not be altered. The two applications should be disposed of with such observations. The application is, therefore, disposed of. The husband is directed to pay the amount of Rs.15,000.00 per month to the wife as alimony. The grant of alimony for the two children is not interfered with. The other terms and conditions relating to payment are not interfered with. The arrears of maintenance must be paid by the husband by four monthly instalments approximately equal commencing from the month of November, 2012. Considering the circumstances, there will be no order as to costs.;