Judgment :- (1) This application under Article 227 of the Constitution of India is directed against the order dated 2nd December, 2008 passed by the learned District Judge, Dakshin Dinajpur at Balurghat in Matrimonial Suit No. 31 of 2008 by which the application under Section 24 of the Code of Civil Procedure filed by the opposite party (wife) was disposed of by the learned Trial Judge on contest. (2) The petitioner (husband) is aggrieved by the said order. Hence the instant application has been filed by the husband/petitioner before this Court. (3) Heard Mr. Banerjee, learned Advocate appearing on behalf of the petitioner and Mr. Roy, learned Advocate appearing on behalf of the opposite party. Considered the materials on record including the order impugned. (4) Let me now consider the merit of the petitioners application in the facts of the instant case. (5) The opposite party (wife) filed an application under Section 24 of the Hindu Marriage Act claiming a consolidated sum of Rs. 16,000/ per month towards alimony pendente lite of the wife and for cost of maintenance of the child. The wife also claimed a sum of Rs. 10,000/- towards the litigation cost. It is alleged by the wife that the husband draws salary of Rs. 25,000/ per month. The wife claimed that she has no independent income to maintain herself and her minor son. As such, the said application was filed by the wife/opposite herein. (6) The petitioner (husband) contested the wifes said application for alimony pendente lite by filing objection contending therein that he draws a net salary of Rs. 9,493/-per month. The husband/petitioner claimed that his gross salary is Rs. 10,323/- per month. The husband further claimed that the wife is an educated lady and she can earn Rs. 10,000/- to Rs. 12,000/- per month and as such, the husband prayed for dismissal of the wifes application for alimony pendente lite. (7) The learned Trial Judge ultimately disposed of the wifes said application under Section 24 of the Hindu Marriage Act by directing the husband/petitioner herein to pay a sum of Rs. 9,000/- per month towards the alimony pendente lite of the wife as well as for the cost of maintenance of the minor child. The husband was also directed to pay by sum of Rs. 5,000/- towards the litigation cost.
9,000/- per month towards the alimony pendente lite of the wife as well as for the cost of maintenance of the minor child. The husband was also directed to pay by sum of Rs. 5,000/- towards the litigation cost. (8) While disposing of the said application, the learned Trial Judge believed the wifes claim towards the husbands income as the husband did not produce any material evidence to show the actual salary, he receives from his service. (9) The propriety of the said order is under challenge in this revisional application before this Court. (10) In this application the husband has annexed his pay slips for the months of July, 2008 and December, 2008. From those pay slips it appears that the gross salary of the husband/petitioner is Rs. 10,323/- and the net salary which he receives is Rs. 9,493/-per month. The husband has also produced the pay slips for the months of January, 2009 and February, 2009 where from it appears that the gross salary of the petitioner is Rs. 11,030/- per month and the net salary which he has received is Rs. 10.180/-per month. (11) The wife has not claimed that the husband has any other source of income. As such, this Court can come to the conclusion that the husbands monthly income is not more than Rs. 10,180/- at present. (12) Considering the said income of the husband this Court holds that the amount of alimony which was directed to be paid by the petitioner is required to be revised. Considering the quantum of income of the petitioner, this Court holds that a consolidated sum of Rs. 4,000/-per month will be the appropriate amount which is required for the maintenance of the wife as well as the minor child as per the standard of living of the petitioner (husband). (13) Accordingly, the order impugned is modified. The husband/petitioner, thus, is directed to pay a consolidated sum of Rs. 4,000/-per month to the wife towards alimony pendente lite of the wife as well as for cost of maintenance of the child. This Court is informed that the husband has paid the alimony pendente lite of the wife and the cost of maintenance of the child at the said rate regularly up to July, 2009. Thus, the husband is now required to pay, henceforth, a sum of Rs.
This Court is informed that the husband has paid the alimony pendente lite of the wife and the cost of maintenance of the child at the said rate regularly up to July, 2009. Thus, the husband is now required to pay, henceforth, a sum of Rs. 4,000/-per month to the wife on account of her alimony pendente lite and the cost of maintenance of the child month by month within the 15 day of each following month during the pendency of the suit. (14) It is made clear that the cost of litigation which was directed to be paid by the husband to the wife as per the order of the learned Trial Judge remains undisturbed. (15) The revisional application, thus, stands disposed of.