JUDGEMENT
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(1.) This application is at the instance
of the wife/respondent and is directed against the Order
No.19 dated July 31, 2013 passed by the learned Additional
District Judge, 2nd Court, Barrackpore in Matrimonial Suit
No.95 of 2012 thereby rejecting an application under
Section 24 of the Hindu Marriage Act.
(2.) The question is whether the impugned order should be
sustained.
(3.) The husband/opposite party herein instituted the
aforesaid matrimonial suit for divorce in the year 2012 and
previously, he also instituted a suit being Matrimonial
Suit No.535 of 2003 for restitution of conjugal rights. In
that earlier suit, the husband was directed to pay alimony
pendente lite at the rate of Rs.2,000/- per month for the
wife, Rs.3,000/- per month for the eldest daughter and
Rs.2,500/- per month for the youngest daughter beside the litigation costs of Rs.5,000/-. Ultimately, the husband
was reluctant to proceed with the said suit and as such,
the said suit was dismissed.;
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