- (1.)This is an application under Article 227 of the Constitution of India by the plaintiff husband against an order passed by the learned trial Judge allowing in part an application under Section 24 of the Hindu Marriage Act, 1955, inter alia, directing the husband to pay a sum of Rs. 2000/- (Rupees two thousand) only per month to the wife-defendant towards maintenance pendente lite for the wife and the male child from the date of filing of the said application and a sum of Rs. 3,000/- (Rupees three thousand) only towards expenses of the proceedings including a sum of Rs.2,000/- (Rupees two thousand) only, which has already been paid to the wife in terms of an order passed by the learned trial judge on November 23, 2000.
(2.)The husband instituted Matrimonial Suit No. 721 of 1998 in the Court of the learned District Judge. District South 24 Parganas for divorce. The said suit was eventually transferred to the Court of the learned Additional District Judge, Eleventh Court at Alipore and has been renumbered as Matrimonial Suit No. 55 of 1998.
(3.)In connection with the aforesaid suit the wife applied under Section 24 of the Hindu Marriage Act, 1955, inter alia, praying for maintenance pendente lite at the rate of Rs. 2000/- (Rupees two thousand only per month for herself and Rs. 1000/- (Rupees one thousand) only per month for the son. She, also, claimed a sum of Rs. 5000/- (Rupees five thousand) only as expenses of the proceedings. It is contended by her that she has been presently residing in the family of her brother with the male child and she has no independent income at all either to maintain herself or the son. The child is a student and was prosecuting his studies in Barisha Shisu Shikshaniketan and she required fund for the education and medical treatment of the son. The husband was an employee of a private firm and at the time of marriage he was earning a sum of Rs. 2500/- (Rupees two thousand five hundred) only per month as his remuneration and used to earn about 1500/- (Rupees one thousand five hundred) only by doing outside typing job. It was alleged that the husband was earning approximately Rs. 8000/- (Rupees eight thousand) only per month. The aforesaid application was registered as Misc. Case No. 32 of 1998.
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