SUPRIYA BANERJEE Vs. MOUMITA BANERJEE
LAWS(CAL)-2015-9-53
HIGH COURT OF CALCUTTA
Decided on September 21,2015

SUPRIYA BANERJEE Appellant
VERSUS
MOUMITA BANERJEE Respondents

JUDGEMENT

Harish Tandon, J. - (1.) THIS revisional application is directed against order No. 43 dated 22nd July, 2015 passed by the learned Additional District Judge, Third Court at Howrah in Miscellaneous Case No. 145 of 2010, by which an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'said Act') is disposed of.
(2.) ADMITTEDLY , the husband filed a suit for divorce on one or more grounds envisaged under Section 13 of the said Act. In the said proceeding, the wife appeared and claimed for maintenance under Section 24 of the said Act alleging that the husband being an employee of Garden Reach Ship Builders Company earns more than Rs. 25,000/ - per month. In the opposition, the husband not only denies the income as alleged by the wife in the said application but make a counter -statement that the wife has a substantial earning from tuition and, therefore, is not entitled to maintenance. It is further stated in the said objection that the wife has initiated other proceedings for maintenance before the learned Judicial Magistrate and, therefore, not entitled to maintenance under the said provision.
(3.) THE Trial Court disposed of the said application holding that the gross income of the husband is Rs. 37,000/ - and odd and awarded maintenance of Rs. 8,000/ - per month to the wife.;


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