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1981 Supreme(Cal) 370

A.K.SEN, B.C.CHAKRABARTI
GITA MITRA – Appellant
Versus
HEMANTA KUMAR MITRA – Respondent


Advocates Appeared:
BHASKAR BHATTACHARYA, BIMAL CHAKRAVARTY, HARSHIT CHAKRABARTI

B. C. CHAKRABAETI, J.

( 1 ) THE petitioner wife obtained an ex parte decree of divorce against the opposite party husband in Matrimonial Suit No. 21 of 1977 of the 8th Court of the learned Additional District Judge, Alipore. Subsequently she filed an application for alimony under Section 25 (i) of the Hindu Marriage Act. This application however, was contested by the opposite party husband. There was an order in favour of the wife after contested hearing, directing the opposite party husband to pay monthly alimony at the rate of Rs. 200/- from the date of the application. It appears upon a perusal of the order passed in that behalf on January 7, 1978 that an employe from the office of the employer of the Opposite party husband gave evidence to the effect that the net income per month of the husband was about Rs. 1,000. The husband claimed that he had to maintain his old parents and minor brothers and sisters. The opposite party husband submitted through his advocate that a monthly alimony at the rate of Rs. 150 would be sufficient. Having however, considered the totality of the evidence the learned Additional District Judge allowed the application for alimony directing the husband














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