Hazari, J. - (1.) This is an application under section 115 of the Civil Procedure Code and is directed against Order No . 8 dated 15th May, 1987 passed by the Additional District Judge, Seventh Court, Alipore in Matrimonial Suit No. 13 of 1987.
(2.) The husband/Opposite Party No. 1 filed an application under section 24(2) of the Special Marriage Act, 1954, inter alia, praying for a declaration that the registration of marriage dated 15.6.1985 between the petitioner and the Opposite Party No. 1 is of no effect. The Matrimonial Suit was filed sometime in November, 1986. The petitioner wife filed an application under section 36 of the Special Marriage Act praying for maintenance pendente lite and also the litigation expenses of the proceedings. The wife-petitioner stated in the application that the husband was working with Batliboi and Co. and was deriving a monthly income of Rs. 1500/- The husband/opposite party in the written objection stated that he was drawing only a sum of Rs. 400/- and that he has since left the service because of his ill-health and he was advised by the doctor to resign from service.
(3.) The learned Advocate for the Opposite Party No.1 produces a letter which was alleged to have been submitted to Batliboi & Co. in the month of December, 1986 stating that he is unable to proceed with the employment of the said company.;