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4. He, accordingly, prayed for suitable modification of the quantum of alimony pendente lite payable to the wife.

5. This application has been opposed by Mr. Chakraborty, learned advocate for the wife.

According to him, the learned Judge was right in not considering payment of EMI as a factor for reducing the quantum of alimony pendente lite determined to be payable by the husband. It was contended that the wife has no source of earning and was surviving along with the minor child born in the wedlock of the parties on the charity of her parents. The child has to be brought up in a decent manner and all her needs have to be met by the husband, apart from sums required for support of the wife commensurate with the status she enjoys.

8. I have heard learned advocates for the parties and given the rival claims due consideration in the light of the principles laid down in the cited decisions regarding award of alimony pendente lite. It seems to be settled law that it is only such amount that the Court considers appropriate for the support of the wife and the child that should be awarded; the amount should neither be paltry nor should it be excessive in the sense that the husband is unable to sustain himself with the remainder of his earning after meeting the amount awarded on account of alimony pendente lite. The amount to be awarded ordinarily ought to vary between one-third and one fifth of the earnings of a spouse.

11. The learned Judge was correct in his conclusion that any loan that a party might have obtained and the money spent for repayment thereof is not relevant for considering the amount to be granted on account of alimony pendente lite. However, the order impugned suffers from certain serious legal infirmities, other than non-furnishing of reason, for which I consider that intervention is necessary to set things right. It does not appear from the order impugned that the fact that the husband has to bear Rs. 2500/- on account of maintenance of his parents was given any consideration worth the name. Also, the husband being a staff reporter and Rs. 1,500/- being allocated by his employer towards conveyance charges, it is quite but normal that such amount would be spent for travel on duty and, therefore, ought to have been excluded for the purpose of determining the quantum based whereon alimony pendente lite was required to be ordered. If the amount of maintenance that the husband is liable to bear for his parents and the amount allocated by the employer for his conveyance is deducted, a sum of Rs. 14,735/- is left in the hands of the husband. The learned judge ought to have considered as to what share of this figure would constitute reasonable alimony pendente lite. The formula that has been uniformly followed is to award anything between one-third and one-fifth of the net earnings. Since the figure of Rs. 14,735/-, according to me, ought to constitute the guiding factor for determining payment of alimony pendente lite in the present case, I shall proceed to decide what would serve the interests of the parties best bearing in mind the undeniable fact that the husband has a duty to support his wife as well as to take all such steps that are necessary for proper upbringing of his minor child. One-third of Rs. 14,735/- would be something less than Rs. 5,000/- whereas one-fifth would be something less than Rs. 3,000/-. I have been informed that the child is about 5 years old. Considering the requirement of a child of such age, it would be proper to award Rs. 2,000/- per month for her proper upbringing whereas for the proper support of the wife, I consider it proper to award her Rs. 5,000/- on account of monthly maintenance.

12. The order of the learned Judge accordingly stands modified. Instead of Rs. 8,000/- as directed to be paid by the impugned order, the husband shall be under an obligation to pay Rs. 7,000/- per month from the date the application under Section 24 of the Act was filed. The arrears shall be computed and paid to the wife by the husband in eight equal monthly instalments together with current alimony pendente lite. It shall be paid within the 10th of April, 2011 and by the 10th of each succeeding month until further orders are passed by the learned Judge. If there be change of circumstances leading to hike/reduction of monthly earnings of the husband, either party shall be at liberty to pray for enhanced or reduced alimony pendente lite, as the case may be.