Calcutta High Court (Appellete Side)
Sri Tapas Sarkar vs Smt. Samapti Sarkar (Dey) on 5 September, 2016
Author: Harish Tandon
Bench: Harish Tandon
1 32 05.09. C.O. 3339 of 2016 AGM 2016 Sri Tapas Sarkar Versus Smt. Samapti Sarkar (Dey) Mr. Gopal Chandra Ghosh, For the petitioner.
This revisional application is directed against Order No. 18 dated 26th July 2016 passed by leaned Additional District Judge, Arambag in Misc. Case No. 03 of 2015 by which an application under Section 36 of the Special Marriage Act is disposed of.
The Trial Court found that both the husband and wife have an independent source of earning. In course of hearing it was disclosed that the wife has a substantial income even more than the income of the husband. Section 36 of the Act not only provides the maintenance to be given to the wife, if her income is not sufficient to meet her need but also the litigation cost. Admittedly, the husband has filed a suit for dissolution of marriage. The wife is contesting the said suit and obviously have to shell some part of money towards litigation cost. Such imposition has invited a further expenditure to be 2 incurred by the wife and, therefore, the awarding of litigation cost to the wife cannot be said to be unreasonable warranting interference by this Court under Article 227 of the Constitution of India.
The revisional application is thus dismissed. There shall be no order as to costs.
( Harish Tandon, J.)