LAWS(CAL)-2017-4-42

SMT. RUCHIKA AGARWAL Vs. SRI VIKAS AGARWAL

Decided On April 18, 2017
Smt. Ruchika Agarwal Appellant
V/S
Sri Vikas Agarwal Respondents

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India has been directed assailing an order dated April 20, 2016 passed by learned District Judge, Hooghly in Misc. Case No.142 of 2015 (Smt. Ruchika Agarwal v. Sri Vikas Agarwal) arisen out of Matrimonial Suit No.2727 of 2014 filed by the wife-petitioner under section 13 of the Hindu Marriage Act, 1955 seeking divorce.

(2.) Learned trial court by the order impugned directed the opposite party-husband to start making payment of the maintenance pendente lite as fixed from the date of the order i.e. w.e.f. April 20, 2016.

(3.) Let it be reiterated that by the order impugned learned trial court has fixed Rs. 60,000 per month as maintenance pendente lite payable by the husband in favour of his wife apart from the litigation costs of Rs. 30,000, and the opposite party has been directed to start making of such payment from the date of order and not from the date of application. The grievance of the petitioner-wife in this revisional application has been mounted over the issue that learned trial court ought to have given effect of such order from the date of application filed under section 24 of the Hindu Marriage Act, 1955 Act on July 17, 2015, and not from the date of passing of the order.