Decided on April 23,1996

SEEMA BASAK Respondents


N.K. Bhattacharyya, J. - (1.)Heard the submission of the learned Senior Advocate for the petitioner Mr. S.P. Roy Chowdhury, being assisted by the learned Advocate Mr. Sankar Kr. Bose and the Ld. Advocate Mr. Jyotirmoy Bhattacharjee and the learned Advocate for the Opp. Party Mr. Asit Baran Raut. Considered the materials on record. By the instant Revision under Sec. 115 of the Code of Civil Procedure the husband-petitioner has challenged Order No. 37 dated 17.2.94 passed by the learned Judge, 10th Court, City Civil Court, Calcutta, in Mat. Suit No. 191/90.
(2.)The fact leading to this Revisional application is that the husband brought a Suit, as indicated earlier, for divorce against his wife, the opposite party herein, on the ground, inter alia, cruelty and desertion. In that Suit the respondent wife made an application under Sec. 24 of the Hindu Marriage Act, claiming maintenance for herself and for her minor daughter on an allegation that the monthly income of the husband is Rs. 10,000.00 and he has got two shops, one of them is a jewellery shop under the name and style 'Basak Jewellery' located at 50A, Ramdhan Mitra Lane, Calcutta-4 and the other is a paper cutting shop under the name and style 'Basak Paper Cutting Company' at 13/2, Balaram Ghose Street, Calcutta-4 and from the said two business, income fetched by the husband is Rs. 10,000.00 per month. On the basis of such allegation, she claimed alimony for herself @ Rs. 2000.00 per month and Rs. 1000.00 as rent of a flat and alimony of Rs. 600.00 per month for her minor daughter.
(3.)It has been averred on oath in paragraph 5 of the petition that she is living with her father who is an old and infirm person. This averment whittles down the claim of rent of the wife for the flat.

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