- (1.) Challenge is to the Order No.21 dated March 6, 2013 passed by the learned Additional District Judge 5th Court, Alipore in Matrimonial Suit No.7 of 2010 thereby allowing an application under Section 36 of the Special Marriage Act on contests.
(2.) Facts necessary for the purpose of the disposal of this application are as follows:- i) The marriage between the parties was solemnized on August 7, 1989 under the provisions of the Special Marriage Act, 1954; ii) A male child was born in the wedlock on October 12, 1991; and iii) The husband/opposite party herein filed an application for divorce under Section 27 of the Special Marriage Act and in that Matrimonial Suit the wife has prayed for alimony at the rate of Rs.12,000/- per month and litigation costs of Rs.20,000/- per month.
(3.) Upon consideration of the application for alimony, its objection and the evidence on record, the learned Trial Judge allowed the said application on contests. The learned Trial Judge directed the husband to pay alimony at the rate of Rs.7,000/- per month starting from the month of order i.e. March, 2013 pendente lite and litigation costs of Rs.15,000/-.;