- (1.) Heard the learned Counsel for both the parties.
(2.) In this revisional application, the propriety of the Order No. 13 dated 19.03.2013 passed by the learned Additional District & Sessions Judge, Fast Track Court no. 1, Barrackpore, North 24-Parganas in MAT Suit No.1231 of 2011 while disposing of the application under Sections 36 of the Special Marriage Act, the learned Court below directed the petitionerhusband to pay a sum of Rs. 4,000/- per month to the respondent- opposite party to be payable on the next 10th of the succeeding month for which it becomes payable for maintaining herself. Section 36 of the Special Marriage Act provides where in any proceeding either for restitution of conjugal rights or for judicial separation or for nullity of marriage or for divorce, it appears to the Court that the wife has no independent source of 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 as well as alimony and maintenance at the time before passing any decree or at any time subsequent to the decree, on application made to the Court for the said purpose.
(3.) In course of hearing, the learned Advocate for the petitioner drew my attention to the fact that the wife/opposite party is working as Honorary Health Worker (HHW) under Titagarh Municipality where she earns a sum of Rs. 3,125/- per month but in the order impugned, the learned Trial Court held that- "Considering all these facts and considering the status of the parties and the recent market price and the income of the petitioner and as because I am of the view that the respondent does not have any independent source of income to maintain herself, thus in the circumstances I am of the view the petitioner is entitled to get an order of maintenance of Rs. 4,000/- against the petitioner." Since the document is produced before this Court that the wife/opposite party earns more than Rs. 3,000/- per month, the petitioner/husband should be permitted to pay maintenance to the wife/opposite party at a reduced rate i.e., Rs. 3,000/- p.m. instead of Rs. 4,000/-, as directed, to be paid to the wife/opposite party within 10th of the succeeding month for which it becomes payable.;