MUKUL ROY vs ANAMIKA ROY

Heard Mrs. S.B. Choudhury, learned counsel for the petitioner. This petition under Article 227 of the Constitution of India is filed against the

order dated 04.12.2017 passed by the learned District Judge, Hailakandi in Misc. (J) Case No.8/2017 in Title Suit (D) No.14/2017.

The petitioner has not annexed the order dated 04.12.2017 passed in Misc. (J) Case No.8/2017 but has only annexed a copy of the order

dated 04.12.2017 passed in Title Suit (D) No.14/2017, where there is a reference of disposal of the Misc. (J) Case on 04.12.2017 with a

direction to the petitioner/plaintiff to pay pendente lite maintenance allowance of Rs.1,500/- per month till disposal of the suit and to pay anamount

of Rs.5,000/- to the respondent/ defendant towards the cost of the proceeding within 1(one) month from the date of the order.

The marriage between the parties was solemnized on 07.03.2013. The petitioner filed the aforesaid Title Suit for a decree of divorce without

any order of maintenance. In the plaint, it is stated that the petitioner is a daily labourer.

In the application filed under Section 24 of the Hindu Marriage Act, 1955, the respondent stated that the petitioner is an employee of a big

Company at Bangalore and earns monthly salary of Rs.30,000/- and besides, he has sufficient landed property including a big fishery and that from

all sources, his monthly income would be around Rs.60,000/-. In the objection to the said petition, the petitioner reiterated that he is a daily

labourer.

Materials placed on record does not persuade the Court to entertain this application under Article 227 of the Constitution of India as grant of

maintenance allowance pendente lite of Rs.1,500/- cannot be, in today''s context, said to be excessive. The amount of Rs.5,000/- towards

litigation expenses is also quite reasonable. In view of the above, the civil revision petition is dismissed. No cost.