Calcutta High Court (Appellete Side)
Chandrajit Kundu vs Smt. Sutapa Kunde (Nee Nath) on 9 September, 2013
Author: Prasenjit Mandal
Bench: Prasenjit Mandal
1 09.13 ab C.O. 3086 of 2013 Chandrajit Kundu
-Vs-
Smt. Sutapa Kunde (nee Nath) Mr. Rajat Mitra, ... for the petitioner Mr. Prasanta Bishal, ... for the opposite party Heard the learned advocates of both the sides. This application is at the instance of the husband and is directed against the order No. 28 dated 31.07.2013 passed by the learned Additional District Judge, Arambag in Misc. Case No. 5/11 arising out of Mat Suit No. 1/11.
The husband/petitioner herein instituted the aforesaid matrimonial suit for divorce on the ground of desertion against the wife/opposite party herein and in that suit, the wife/opposite party herein filed an application under Section 24 of the Hindu Marriage Act, praying for alimony to the tune of Rs. 5,000/- for the minor child born in the wedlock between the parties. While dealing with the said application, the learned trial Judge granted alimony @ Rs. 10,000/- per month for the minor child. Being aggrieved, this application has been preferred.
Having heard the learned advocates of both the sides and on going through the materials on record, I find that the main dispute is with regard to the quantum of alimony granted in favour of the minor child born in the wedlock between the parties. There is no dispute that the husband/petitioner herein is a school teacher of a secondary school and the wife is also a teacher of primary school earned salary as indicated in the impugned order. The wife/opposite party herein has claimed alimony for the minor child @ Rs. 5,000/- per month but the learned trial Judge has granted alimony @ Rs. 10,000/- per month. Thus, I find that the impugned order relating to grant of alimony is beyond the prayer as sought for by the wife/opposite party herein. So, the impugned order, in my view, cannot be sustained.
Accordingly, the revisional application succeeds and the same is allowed. The impugned order is hereby set aside.
The learned trial Judge is directed to hear out the matter as to the determination of the quantum of alimony for the minor child within a period of 2 two weeks from the date of communication of this order on the basis of the evidence already on record.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties at an early date.
(Prasenjit Mandal, J)