Harish Tandon, J. - (1.) This revisional application is directed against order No. 30 dated 13th December 2017 passed by learned District Judge, Birbhum in Misc. Case No. 26 of 2016 by which an application for maintenance under Section 36 of the Special Marriage Act, 1955 is disposed of directing the petitioner to pay alimony pendente lite of Rs. 25,000/- per month with effect from July 2016.
(2.) In a suit for dissolution of marriage by decree of divorce filed by the petitioner, an application was taken out by the wife/opposite party for maintenance alleging that the income of the husband is substantial and she is unable to sustain herself without any support from the husband. She stated in the petition that she is pursuing her studies and the expenditure for the same is now borne by her elder brother. Naturally when the emotions and the concern for each other is lost, the husband would definitely avoid any payment to his wife. The aforesaid sense can be gathered when a stand has been taken by the husband that he is not in regular gainful employment and is getting a stipend/remuneration under a particular project for a limited period. It is contended that his income is unstable and some times he is to remain unemployed and, therefore, he should not be shaddled with the payment of the alimony pendente lite as claimed by the wife.
(3.) My attention is drawn to the various documents annexed to the revisional application, which were also produced before the Court below. There is no hesitation in my mind that the petitioner is highly educated person and have been employed in a research work in well known institution in the country.;